Who bears the burden of proving due execution in a will contest?

• A. The proponent of the will.
• B. The objectant.
• C. The executor.
• D. The witnesses.

Answer: (A)

The essential idea is that whoever is trying to have the will admitted to probate must prove that it was properly executed. In New York, due execution means the will is in writing, signed by the testator, and attested by at least two witnesses who were present at the testator’s signing or who witnessed the signing in some manner. The party seeking probate must produce evidence showing these elements occurred, typically through witness testimony and any attestation clause or self-proved affidavit. The standard of proof is generally a preponderance of the evidence.

Because the proponent bears this burden, they must establish that the will was properly executed to overcome any doubts raised by a contest. The objectant would challenge the validity by arguing lack of proper execution, capacity, or other defects, but the responsibility to prove proper execution lies with the proponent. The executor’s role is to administer the estate and carry out the will’s terms, not to prove execution in the first place. The witnesses’ function is to testify about what happened at the signing, not to shoulder the proving burden themselves.