Ohio § 5817.09
Full text of Ohio Ohio Revised Code § 5817.09, with citation guidance and answers to common questions.
§ 5817.09.
(A) The testator or settlor has the burden of establishing prima facie proof of the execution
of the will or trust, as applicable. A person who opposes the complaint has the burden of establishing one or more of
the following: (1) The lack of testamentary intent or the intent to create a trust, as the case may
be; (2) The lack of the testator's testamentary capacity, or the settlor's legal capacity
to enter into and establish the trust; (3) Undue influence, restraint, or duress on the testator or settlor; (4) Fraud or mistake in the execution of the will or trust; (5) Revocation of the will or trust. (B) A party to the proceeding has the ultimate burden of persuasion as to the matters
for which the party has the initial burden of proof.
Frequently Asked Questions About Ohio § 5817.09
What does Ohio Revised Code § 5817.09 cover?
Section 5817.09 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5817.09?
A common citation format is "Ohio Revised Code § 5817.09" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5817.09 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.