Arizona Revised Statutes Title 14. Trusts, Estates and Protective Proceedings § 14-2712. Burdens relating to validity of governing instruments

A. A proponent of a governing instrument has the burden of establishing prima facie proof of due execution in all cases.

B. It is a rebuttable presumption that a person who executes a governing instrument is presumed to have capacity to execute the governing instrument and to have done so free from undue influence and duress.

C. If the validity of a governing instrument is challenged on the grounds of revocation by a later governing instrument, the validity of the later governing instrument must be determined first.

D. Except as prescribed pursuant to subsections E and F of this section, a party that challenges the validity of a governing instrument has the burden of establishing the invalidity of that governing instrument by a preponderance of the evidence.

E. A governing instrument is presumed to be the product of undue influence if either:

F. The beneficiary of the governing instrument may overcome a presumption of undue influence by a preponderance of the evidence.

G. For the purposes of this section, determining if a person is a principal beneficiary of a governing instrument or the preparer of a governing instrument is a question of fact to be determined by the totality of the circumstances.

H. This section does not apply to the following: