Caraveo v. Perez

OPINION

By the Court,

Parraguirre, J.:

In this appeal, the beneficiary of a will challenges a district court order invalidating the will as the product of the beneficiary’s undue influence. A rebuttable presumption of undue influence is raised if the testator and the beneficiary shared a fiduciary relationship, but undue influence may also be proved without raising this presumption. As a matter of first impression in Nevada, we hold that in the absence of a presumption, a will contestant bears the burden of proving undue influence by a preponderance of the evidence. Because we conclude that the…