What term describes factors that switch which party bears the burden of proof in a case alleging lack of testamentary capacity?

• A. Suspicious Circumstances
• B. Preamble
• C. Codicil
• D. Pretermitted Heir

Answer: (A)

Suspicious circumstances are factors that alert the court to possible problems with a will, such as unusual changes, apparent cognitive decline, or possible undue influence. When such circumstances exist, the burden of proof shifts: the party offering or propounding the will must prove testamentary capacity and lack of undue influence. Without suspicious circumstances, the challenger would typically have the burden to show lack of capacity. The other options refer to unrelated concepts—codicil is an amendment to a will, a preamble is an introductory statement, and a pretermitted heir is someone omitted from a will.