200.03.05 Meaning of Burden of Proof--Presumption of Undue Influence-- Fiduciary Relationship Must Be Proved When I say that a party has the burden of proof on any proposition, or use the expression "if you find," or "if you decide," I mean you must be persuaded, considering all the evidence in the case, that the proposition on which he has the burden of proof is more probably true than not true. In this case, however, the plaintiff has the burden of establishing that there was a relationship between [name of decedent] and [name of beneficiary] whereby [name of beneficiary] exercised dominance over [name of decedent] and [name of decedent] was dependent upon [name of beneficiary]. To establish this relationship, the proof must be clear and convincing. 1