LEGAL PRINCIPLE: SUCCESSION LAW – Burden of Proof – Onus on Propounder of a Will
PRINCIPLE STATEMENT
Those who propound a will must clearly show that there has been due execution, that the testator had the necessary mental capacity, and was a free agent. Once they satisfy the court prima facie on these matters, the burden shifts to those who attack the will to substantiate allegations of lack of capacity, undue influence, etc.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Okelola v. Boyle (1998) NLC-301993(SC) at pp. 9–12; Paras C–B.
"Where there is a dispute as to a will, those who propound it must clearly show by evidence that, prima facie, all is in order; that is to say, that there has been due execution, and that the testator had the necessary mental capacity, and was a free agent. Once they have satisfied the court, prima facie, as to these matters, it seems to me that the burden is then cast upon those who attack the will, and that they are required to substantiate by evidence the allegations they have made as to lack of capacity, undue influence, and so forth."
EXPLANATION / SCOPE
The propounder bears the initial burden. The burden shifts to the attacker once a prima facie case is made. The principle applies to will disputes. The propounder must prove due execution, capacity, and free agency. The attacker must prove undue influence or lack of capacity. The rule allocates the burden of proof appropriately. The court will examine all evidence.