Sec. 1. Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will. Formerly: Acts 1953, c.112, s.501; Acts 1971, P.L.404, SEC.1.
Sec. 2. (a) All wills except nuncupative wills shall be executed in writing. (b) Any person competent at the time of attestation to be a witness generally in this state may act as an attesting witness to the execution of a will and his subsequent incompetency shall not prevent the probate thereof. (c) If any […]
Sec. 3. (a) This section applies to a will executed before, on, or after July 1, 2003. A will, other than a nuncupative will, must be executed by the signature of the testator and of at least two (2) witnesses on: (1) a will under subsection (b); (2) a self-proving clause under section 3.1(c) of […]
Sec. 3.1. (a) This section applies to a will executed before, on, or after July 1, 2003. When a will is executed, the will may be: (1) attested; and (2) made self-proving; by incorporating into or attaching to the will a self-proving clause that meets the requirements of subsection (c) or (d). If the testator […]
Sec. 3.2. Subject to the applicable Indiana Rules of Trial Procedure and the Indiana Rules of Evidence, a video recording, one (1) or more photographs, or an audio recording made or captured during part or all of a will’s execution may be admissible as evidence of the following: (1) The proper execution of a will. […]
Sec. 3.3. (a) This section applies to a will that is signed and witnessed: (1) on or after March 31, 2020; (2) before January 1, 2021; and (3) in reliance on the Indiana supreme court’s order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or extended by the supreme […]
Sec. 4. (a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be (1) Declared to be his will by the testator before two (2) disinterested […]
Sec. 5. A will is legally executed if the manner of its execution complies with the law, in force either at the time of execution or at the time of the testator’s death, of: (1) this state; (2) the jurisdiction that the testator is actually present in at the time the testator executes the will; […]
Sec. 6. No will in writing, nor any part thereof, except as in this article provided, shall be revoked, unless the testator, or some other person in his presence and by his direction, with intent to revoke, shall destroy or mutilate the same; or such testator shall execute other writing for that purpose, signed, subscribed […]
Sec. 7. A nuncupative will or any part thereof can be revoked by another nuncupative will. Formerly: Acts 1953, c.112, s.507.
Sec. 8. If after making a will the testator is divorced, all provisions in the will in favor of the testator’s spouse are revoked. Annulment of the testator’s marriage shall have the same effect as a divorce. With this exception, no written will, nor any part of the will, can be revoked by any change […]
Sec. 9. An instrument creating an inter vivos trust in order to be valid need not be executed as a testamentary instrument pursuant to section 3 or 3.1 of this chapter, even though such trust instrument reserves to the maker or settlor the power to revoke, or the power to alter or amend, or the […]
