HRS §560:3-407
Who must prove what in a will or inheritance dispute
In a court fight over an estate, this section says who has to prove what. People asking for inheritance without a will must show death, location, and family ties. People supporting a will must show it was signed correctly. People against a will must show problems like fraud or pressure.
beneficiariescourtsheirspersonal representatives
The statute, as written — Formal testacy proceedings; burdens in contested cases
In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Unless the burden of proof is changed by other provisions of law, parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.