A person supporting the will (the proponent) must first show that the will was properly executed and witnessed; this is known as making a prima facie showing of due execution. A properly executed self‑proving affidavit or a sworn statement by an attesting witness is sufficient to satisfy this initial burden. Once that showing is made, the burden shifts to the person challenging the will (the contestant) to prove why the will should not be admitted to probate or should be revoked, such as on grounds of fraud, coercion, or lack of capacity, as outlined in Florida Statute section 733.107(1).
When there is a claim of undue influence—that someone improperly influenced the person making the will—Florida law recognizes a presumption designed to protect against abuse of fiduciary or confidential relationships. Under section 733.107(2), this presumption of undue influence shifts the burden of proof to the person accused of exercising that influence, who must then prove that the will was not the product of undue influence, in accordance with Florida’s evidence rules.
See, Fla. Stat § 733.107
Steven G. Nilsson, “Florida’s New Statutory Presumption of Undue Influence—Does It Change the Law or Merely Clarify It?” 77 Fla. B.J. 38 (Feb. 2003)
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