Who bears the burden to prove undue influence in forming a will?

• A. The challenger
• B. The proponent of the will
• C. The court
• D. The guardian

Answer: (B)

In a will contest alleging undue influence, the party seeking to have the will admitted bears the burden of proof on that issue. The proponent must show that the testator acted freely and with full understanding, and that no improper pressure or manipulation shaped the disposition. This is particularly important when there are suspicious circumstances or a close, controlling relationship between the tester and a beneficiary; the proponent must produce credible evidence of independent decision-making and voluntariness, often by clear and convincing evidence. The court oversees the probate process, but it is the proponent’s duty to address and overcome any claims of undue influence by demonstrating the testator’s true, autonomous wishes.