In Re Last Will and Testament of Melson

I agree with the majority that this matter must be reversed and remanded because the Court of Chancery incorrectly placed the burden of persuasion on the objector to the will, notwithstanding that the Testatrix’s son drafted the will and was its principal beneficiary. I disagree, however, with the majority’s imposition of certain evidentiary burdens on the objector.

*789As many cases state, if the objector to a will makes a showing that the will was drafted by a substantial beneficiary under the will, the burden of persuasion to show lack of undue influence shifts to the proponent of the will.…