What is the presumption regarding a will that has been duly executed?

A will that has been duly executed is presupposed to be valid until proven otherwise, reflecting the legal principle that recognizes the importance of an individual's intent to distribute their estate according to their wishes. This presumption serves not only to uphold the testator's intentions but also to provide stability and certainty within the estate planning process.

When a will is executed properly—meaning it follows the required legal formalities, such as being signed by the testator in the presence of witnesses—there is a strong assumption that it accurately reflects the testator's desires and is enforceable. It places the burden of proof on those challenging the will to demonstrate its invalidity, rather than requiring affirmation of its validity every time a will is presented for probate.

Other options imply different assumptions that do not align with established legal principles. For instance, the idea that a will is invalid until proven valid undermines the very purpose of estate planning, while requiring witness verification for validity fails to account for scenarios where such verification has already occurred through proper execution. The notion of automatic revocation by the testator's death misunderstands the relationship between a will and the actions taken by the testator, as it is the will itself that dictates the distribution of assets post-mortem under