{"data":{"id":"us-oh/ohio-rev.-code-5817.09","jurisdiction":"us-oh","citation":"Ohio Rev. Code § 5817.09","heading":"Burden of proof.","body":"(A) The testator or settlor has the burden of establishing prima facie proof of the execution of the will or trust, as applicable. A person who opposes the complaint has the burden of establishing one or more of the following:\n(1) The lack of testamentary intent or the intent to create a trust, as the case may be;\n(2) The lack of the testator's testamentary capacity, or the settlor's legal capacity to enter into and establish the trust;\n(3) Undue influence, restraint, or duress on the testator or settlor;\n(4) Fraud or mistake in the execution of the will or trust;\n(5) Revocation of the will or trust.\n(B) A party to the proceeding has the ultimate burden of persuasion as to the matters for which the party has the initial burden of proof.","path":["Title 58 Trusts","Chapter 5817 Determination Of Validity Of Trust Or Will During Lifetime"],"source_url":"https://codes.ohio.gov/ohio-revised-code/section-5817.09","current_through":"2019-03-22 (House Bill 595 - 132nd General Assembly)","vintage":"","retrieved_at":"2026-09-14T19:24:42Z","sha256":"160058c6bf6ad77d8ca295348dcb474fe4a6a6ce3fa89e35f42ea408c9249e75","source_id":"us-oh","stale":false,"prev":"us-oh/ohio-rev.-code-5817.08","next":"us-oh/ohio-rev.-code-5817.10"},"notice":"GroundRules: Original legal text. Not legal advice."}