The distribution of burden of proof in testamentary succession is the legality of the form and content of the will, the civil capacity of the testator and the validity of multiple wills.

First, the form and content of the will are legal.

To advocate testamentary succession, we must first prove that the will does exist and its form conforms to the law, such as issuing a self-written will, a proxy will, a notarized will, and an oral will in an emergency. If the other party proposes that the will is forged, for example, the signature on the will is not signed by the decedent himself, the party who thinks that the will is true needs to bear the burden of proof, such as providing a handwriting appraisal report.

Second, the testator's capacity for civil conduct.

After the form and content of the will are legal, if the other party objects to the testator's capacity for civil conduct, restricts the expression of the will, or falsifies the will, the party who makes such a claim must provide evidence for his claim, such as medical proof that the testator suffers from the corresponding disease.

Third, the effect of multiple wills.

If the testator leaves more than one will and the contents are inconsistent, the conclusion of the will is related to the time when the will was established. If the heir disputes the date of the will, the party who advocates inheriting according to the will shall bear the burden of proof on the date of the will.

Judge's gist: the party who holds his own will should bear the burden of proof for the authenticity of the will. If he proves that the will has no formal defects, he is deemed to have fulfilled the burden of proof. If the other party denies the authenticity of the will, it shall provide evidence to the contrary.

To sum up, the party providing the will has the responsibility to prove the authenticity of the will. This is also the basis for many judges to determine the burden of proof of the authenticity of the will as the testator's responsibility.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 122

Legacy is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited.