Also known as: rebut presumption · rebuts presumption · rebutted presumption · rebutting presumptions · rebuttable presumption
Written by attorneys · grounded in primary & secondary sources — see below
Evidence introduced to overcome a rebuttable presumption that shifts the burden of proof to the opposing party.
Rachel Ramirez discovered voicemails showing that her uncle had signed a document labeled as his last will only to deter a compliance investigation. She introduced the recordings in probate court. The court treated the extrinsic evidence as sufficient to rebut the presumption of testamentary intent arising from the document's formal recitals.
Rising Sun Electronics hired a lawyer who had previously represented a competitor in a related patent dispute. The competitor moved to disqualify the firm. The firm presented affidavits detailing its screening procedures and fee allocation rules. The court found the evidence sufficient to rebut the presumption that confidential information had been shared.
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Rina Rahman, the gestational carrier, presented medical records and witness testimony showing that the intended parents had supplied the genetic material. The court accepted the evidence as rebutting the presumption that the birth mother held parental rights.
Raphael Rivera offered testimony from the drafting attorney that a scrivener's error had omitted a key clause. The court admitted the evidence to rebut the presumption that the executed document reflected the testator's true intent.
Voicemail messages and other extrinsic statements showing that a formally executed document was created only for a collateral purpose rebut the presumption. The evidence must demonstrate that the document was never intended to operate as a will.
The firm must demonstrate effective and timely screening measures that prevent the migrating lawyer from any involvement in the matter and from sharing in related fees.
No. The adjudication raises only a rebuttable presumption that the protected person lacked capacity to make an irrevocable gift at the time of the transfer.
Proof that the surviving spouse knew the decedent's financial situation, understood the rights altered by the agreement, and had independent counsel or a reasonable opportunity to obtain it shifts the burden to the surviving spouse.
…is a rebuttable one.” Id. Similarly, in the present case, although the fact that the decedent signed the will may create a rebuttable presumption that he did not intend it to survive his subsequent marriage, that presumption should be rebuttable by persuasive extrinsic evidence to the contrary. The other objection was “that allowing…