Section 6.67 “Clear, Cogent, and Convincing” Standard

• Library: Trusts and Powers 2013 Supp

A. (§6.67) “Clear, Cogent, and Convincing” Standard

As might be expected, the party who seeks to have a trust invalidated generally bears the burden of proof. See, e.g., In re Estate of Dean,
967 S.W.2d 219, 222 (Mo. App. W.D. 1998); Webb v. St. Louis County Nat’l Bank, 551 S.W.2d 869, 874 (Mo. App. E.D. 1977); Sebree v. Rosen, 349 S.W.2d 865 (Mo. 1961). This burden is exceptionally heavy in a trust contest because the court is being asked to nullify an express, presumptively duly executed trust. As noted by the Supreme Court of Missouri, the...