What must the will proponent prove when the burden shifts due to a challenge on the will?

When a will is challenged, the proponent—typically the person asserting the validity of the will—must meet a specific standard of proof to establish that the will is valid. In Delaware, this burden shifts to the proponent when there is a challenge, often related to issues such as undue influence, lack of capacity, or improper execution.

The correct requirement for the proponent is to demonstrate that the will's validity is established by a preponderance of the evidence. This means that the evidence presented must show that it is more likely than not that the will meets all the legal requirements for a valid will under Delaware law. This standard is the most commonly applied in civil cases, including will contests, and it reflects the idea that the proponent must provide sufficient evidence to overcome any doubts raised by the challenge.

The other options presented do not accurately reflect the legal standard applicable in this context. For example, proving that the will was executed out of state, that the testator was advised by an attorney, or that the will was created in the presence of multiple witnesses are not the appropriate measures for addressing the burden of proof once it shifts after a challenge to the will. Instead, the focus is specifically on the overall evidentiary threshold of a pre