A petitioner under AS 13.12.530 or 13.12.535 has the burden of establishing prima facie proof of the execution of the will or trust. A person who opposes the petition has the burden of establishing the lack of testamentary intent, lack of capacity, undue influence, fraud, duress, mistake, or revocation. A party to the proceeding has the ultimate burden of persuasion as to the matters for which the party has the initial burden of proof.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 12. Intestacy, Wills, and Donative Transfers
Article 6. Establishment of Will and Trust Validity before Death.
Sec. 13.12.530. Establishment of will validity before death.
Sec. 13.12.535. Establishment of trust validity before death.
Sec. 13.12.545. Contents of petition for will validity.
Sec. 13.12.550. Contents of petition for trust validity.
Sec. 13.12.555. Declaration by court.
Sec. 13.12.560. Binding effect of declaration.
Sec. 13.12.565. Hearing and notice.
Sec. 13.12.570. Burden of proof.
Sec. 13.12.575. Change to will after declaration.
Sec. 13.12.580. Change to trust after declaration.