Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
Don Carlos Santos, 78, executed a notarial will naming his long-time caregiver, Liza Reyes, as sole heir and executor. After Don Carlos’s death, his siblings challenge the will on grounds of lack of testamentary capacity and undue influence by Liza. The will was signed in Liza’s presence, notarized, and witnessed by two individuals. To support their challenge, the siblings offer: (1) a medical report diagnosing vascular dementia months before execution; (2) a neighbor’s testimony that Liza controlled Don Carlos’s finances and dictated decisions; (3) bank records showing substantial transfers from Don Carlos to Liza in the weeks preceding execution; (4) a letter from Don Carlos’s attorney indicating Liza assisted in drafting the will; (5) Don Carlos’s diary entry stating, “Liza must manage everything for me.” Liza contends that Don Carlos acted freely, understood the consequences of the act, and sought nothing improper. In light of Rule 133 and jurisprudence on weight and sufficiency of evidence, which statement best describes the standard of proof and its application to this case?