In re Estate of Colanton

Summary

The Supreme Court of New Hampshire affirmed the trial court’s decision, holding that the appropriate burden of proof for undue influence in a will contest is a preponderance of the evidence, not clear and convincing evidence. The Court reasoned that the doctrines of undue influence and testamentary capacity are sufficiently similar to warrant the same quantum of proof, and that imposing a higher burden would risk defeating the testator’s intent. It noted that the legislature could modify the burden if it disagrees with this common‑law rule.