Section 8252 Of Article 3. Contest Of Will From California Probate Code >> Division 7. >> Part 2. >> Chapter 3. >> Article 3.
8252
. (a) At the trial, the proponents of the will have the burden
of proof of due execution. The contestants of the will have the
burden of proof of lack of testamentary intent or capacity, undue
influence, fraud, duress, mistake, or revocation. If the will is
opposed by the petition for probate of a later will revoking the
former, it shall be determined first whether the later will is
entitled to probate.
(b) The court shall try and determine any contested issue of fact
that affects the validity of the will.