Under what circumstance does the burden of proof shift to the will proponent in Delaware?

In Delaware, the burden of proof shifts to the will proponent when the will was drafted by a person who stands to benefit financially from it. This situation raises concerns about potential conflicts of interest, suggesting that the draftsman may have unduly influenced the testator's decisions or the terms of the will. Therefore, to ensure that the will reflects the true intentions of the testator and was not the result of undue influence or coercion, the law requires the proponent to demonstrate that the will is valid and was executed without any improper influences.

By shifting the burden of proof, the legal system aims to protect the integrity of the testator's wishes and maintain fairness in the probate process. It serves as a safeguard against potential abuse when individuals who have a vested interest in the outcome are involved in the preparation of legal documents that affect an estate.

The other options do not trigger a burden shift in the same manner. For instance, a verbal will might put the focus on its legitimacy rather than shifting the burden to the proponent. Similarly, contesting witnesses or doubts about the testator's capacity alone do not automatically shift the burden without the direct implication of a conflict of interest that the second situation presents.