Last updated: 4/13/2015
200.02B. Will Contest-Burden of Proof-Partial Invalidity Claimed
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Description
200.02B Will Contest--Burden of Proof--Partial Invalidity Claimed The plaintiff has the burden of proving that the challenged provision of the document is not valid. The claimed ground[s] of invalidity of the challenged provision [has] [have] been stated to you elsewhere in these instructions. If you find from your consideration of all the evidence that the challenged provision is not valid, [but that the remaining provisions of the will carry out the decedent's overall testamentary intent and scheme,] then you shall find that the will, except for the challenged provision, is valid. If you find from your consideration of all the evidence that the challenged provision is valid, then the entire will is valid. [If you find from your consideration of all the evidence that the challenged provision is not valid and that the remaining provisions of the document do not carry out the decedent's overall testamentary intent and scheme, then you shall find that the entire will is not valid.]