3.03 [1981 Revision] Burden of Proof-Will Contest
This is a Missouri Jury Instructions form that can be used for 03 within Jury Instructions.
Instruction No 1 3.03 [1981 Revision] Burden of Proof--Will Contest The burden is upon defendant, proponent, to cause you to believe that the is the last will and testament [codicil] of (name of testator). document dated The burden is upon plaintiff, contestant, to cause you to believe (here insert the affirmative defense raised such as "his claim of undue influence as submitted in Instruction Number "). In determining whether or not you believe any proposition, you must consider only the evidence and the reasonable inferences derived from the evidence. If the evidence in the case does not cause you to believe a particular proposition submitted, then you cannot return a verdict requiring belief of that proposition.