IC 29-1-5
Chapter 5. Execution and Revocation of Wills
IC 29-1-5-1 Sound mind; age; armed forces
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.)
IC 29-1-5-2 Writing; witnesses
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 person shall be a subscribing witness to the execution
of any will in which any interest is passed to him, and such will
cannot be proved without his testimony or proof of his signature
thereto as a witness, such will shall be void only as to him and
persons claiming under him, and he shall be compelled to testify
respecting the execution of such will as if no such interest had been
passed to him; but if he would have been entitled to a distributive
share of the testator's estate except for such will, then so much of
said estate as said witness would have been thus entitled to, not
exceeding the value of such interest passed to him by such will, shall
be saved to him.
(d) No attesting witness is interested unless the will gives to him
some personal and beneficial interest. The fact that a person is named
in the will as executor, trustee, or guardian, or as counsel for the
estate, personal representative, trustee or guardian does not make him
an interested person. (Formerly: Acts 1953, c.112, s.502.)
IC 29-1-5-3 Signatures; videotape
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 this chapter; or
(3) a self-proving clause under section 3.1(d) of this chapter.
(b) A will may be attested as follows:
(1) The testator, in the presence of two (2) or more attesting
witnesses, shall signify to the witnesses that the instrument is
the testator's will and either:
(A) sign the will;
(B) acknowledge the testator's signature already made; or
(C) at the testator's direction and in the testator's presence
have someone else sign the testator's name.
(2) The attesting witnesses must sign in the presence of the
testator and each other.
An attestation or self-proving clause is not required under this
subsection for a valid will.
(c) A will that is executed substantially in compliance with
subsection (b) will not be rendered invalid by the existence of:
(1) an attestation or self-proving clause or other language; or
(2) additional signatures;
not required by subsection (b).
(d) A will executed in accordance with subsection (b) is
self-proved if the witness signatures follow an attestation or
self-proving clause or other declaration indicating in substance the
facts set forth in section 3.1(c) or 3.1(d) of this chapter.
(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will. (Formerly: Acts 1953, c.112, s.503; Acts 1975, P.L.288, SEC.4.) As
amended by Acts 1978, P.L.132, SEC.2; P.L.273-1983, SEC.1;
P.L.273-1985, SEC.1; P.L.262-1989, SEC.1; P.L.4-2003, SEC.1;
P.L.176-2003, SEC.6.
IC 29-1-5-3.1 Self-proving clause
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
and witnesses sign a self-proving clause that meets the requirements
of subsection (c) or (d) at the time the will is executed, no other
signatures of the testator and witnesses are required for the will to be
validly executed and self-proved.
(b) If a will is executed by the signatures of the testator and
witnesses on an attestation clause under section 3(b) of this chapter,
the will may be made self-proving at a later date by attaching to the
will a self-proving clause signed by the testator and witnesses that
meets the requirements of subsection (c) or (d).
(c) A self-proving clause must contain the acknowledgment of the
will by the testator and the statements of the witnesses, each made
under the laws of Indiana and evidenced by the signatures of the
testator and witnesses (which may be made under the penalties for
perjury) attached or annexed to the will in form and content
substantially as follows:
We, the undersigned testator and the undersigned witnesses,
respectively, whose names are signed to the attached or foregoing
instrument declare:
(1) that the testator executed the instrument as the testator's
will;
(2) that, in the presence of both witnesses, the testator signed or
acknowledged the signature already made or directed another to
sign for the testator in the testator's presence;
(3) that the testator executed the will as a free and voluntary act
for the purposes expressed in it;
(4) that each of the witnesses, in the presence of the testator and
of each other, signed the will as a witness;
(5) that the testator was of sound mind when the will was
executed; and
(6) that to the best knowledge of each of the witnesses the
testator was, at the time the will was executed, at least eighteen
(18) years of age or was a member of the armed forces or of the
merchant marine of the United States or its allies.
______________
Testator
____ ______________
Date Witness
______________
Witness
(d) A will is attested and self-proved if the will includes or has
attached a clause signed by the testator and the witnesses that
indicates in substance that:
(1) the testator signified that the instrument is the testator's will;
(2) in the presence of at least two (2) witnesses, the testator
signed the instrument or acknowledged the testator's signature
already made or directed another to sign for the testator in the
testator's presence;
(3) the testator executed the instrument freely and voluntarily
for the purposes expressed in it;
(4) each of the witnesses, in the testator's presence and in the
presence of all other witnesses, is executing the instrument as
a witness;
(5) the testator was of sound mind when the will was executed;
and
(6) the testator is, to the best of the knowledge of each of the
witnesses, either:
(A) at least eighteen (18) years of age; or
(B) a member of the armed forces or the merchant marine of
the United States or its allies.
(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will. As added by P.L.4-2003, SEC.2.
IC 29-1-5-3.2 Videotape
Sec. 3.2. Subject to the applicable Indiana Rules of Trial
Procedure, a videotape may be admissible as evidence of the
following:
(1) The proper execution of a will.
(2) The intentions of a testator.
(3) The mental state or capacity of a testator.
(4) The authenticity of a will.
(5) Matters that are determined by a court to be relevant to the
probate of a will. As added by P.L.4-2003, SEC.3.
IC 29-1-5-4 Nuncupative will; requisites; limitations
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 witnesses;
(2) Reduced to writing by or under the direction of one (1) of the
witnesses within thirty (30) days after such declaration; and
(3) Submitted for probate within six (6) months after the death of
the testator.
(b) The nuncupative will may dispose of personal property only
and to an aggregate value not exceeding one thousand ($1,000)
dollars, except that in the case of persons in active military, air or
naval service in time of war the aggregate amount may be ten
thousand ($10,000) dollars.
(c) A nuncupative will does not revoke an existing written will.
Such written will is changed only to the extent necessary to give
effect to the nuncupative will. (Formerly: Acts 1953, c.112, s.504.)
IC 29-1-5-5 Compliance with law
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, or
(2) The place of execution, or
(3) The domicile of the testator at the time of execution or at the
time of his death. (Formerly: Acts 1953, c.112, s.505.)
IC 29-1-5-6 Revocation; revival
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 and attested as
required in section 3 or 3.1 of this chapter. A will can be revoked in
part only by the execution of a writing as herein provided. And if,
after the making of any will, the testator shall execute a second, a
revocation of the second shall not revive the first will, unless it shall
appear by the terms of such revocation to have been his intent to
revive it, or, unless, after such revocation, he shall duly republish the
previous will. (Formerly: Acts 1953, c.112, s.506.) As amended by Acts 1982,
P.L.171, SEC.16; P.L.4-2003, SEC.4.
IC 29-1-5-7 Nuncupative will; revocation
Sec. 7. A nuncupative will or any part thereof can be revoked by
another nuncupative will. (Formerly: Acts 1953, c.112, s.507.)
IC 29-1-5-8 Revocation; divorce; annulment of marriage; change in
circumstances
Sec. 8. If after making a will the testator is divorced, all
provisions in the will in favor of the testator's spouse so divorced are
thereby revoked. Annulment of the testator's marriage shall have the
same effect as a divorce as hereinabove provided. With this
exception, no written will, nor any part thereof, can be revoked by
any change in the circumstances or condition of the testator. (Formerly: Acts 1953, c.112, s.508.)
IC 29-1-5-9 Trust inter vivos; execution
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 power to control investments, or the power to
consume the principal, or because it reserves to the maker or settlor
any one or more of said powers. (Formerly: Acts 1953, c.112, s.509.) As amended by Acts 1982,
P.L.171, SEC.17; P.L.4-2003, SEC.5.
IC 29-1-5
Chapter 5. Execution and Revocation of Wills
IC 29-1-5-1 Sound mind; age; armed forces
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.)
IC 29-1-5-2 Writing; witnesses
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 person shall be a subscribing witness to the execution
of any will in which any interest is passed to him, and such will
cannot be proved without his testimony or proof of his signature
thereto as a witness, such will shall be void only as to him and
persons claiming under him, and he shall be compelled to testify
respecting the execution of such will as if no such interest had been
passed to him; but if he would have been entitled to a distributive
share of the testator's estate except for such will, then so much of
said estate as said witness would have been thus entitled to, not
exceeding the value of such interest passed to him by such will, shall
be saved to him.
(d) No attesting witness is interested unless the will gives to him
some personal and beneficial interest. The fact that a person is named
in the will as executor, trustee, or guardian, or as counsel for the
estate, personal representative, trustee or guardian does not make him
an interested person. (Formerly: Acts 1953, c.112, s.502.)
IC 29-1-5-3 Signatures; videotape
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 this chapter; or
(3) a self-proving clause under section 3.1(d) of this chapter.
(b) A will may be attested as follows:
(1) The testator, in the presence of two (2) or more attesting
witnesses, shall signify to the witnesses that the instrument is
the testator's will and either:
(A) sign the will;
(B) acknowledge the testator's signature already made; or
(C) at the testator's direction and in the testator's presence
have someone else sign the testator's name.
(2) The attesting witnesses must sign in the presence of the
testator and each other.
An attestation or self-proving clause is not required under this
subsection for a valid will.
(c) A will that is executed substantially in compliance with
subsection (b) will not be rendered invalid by the existence of:
(1) an attestation or self-proving clause or other language; or
(2) additional signatures;
not required by subsection (b).
(d) A will executed in accordance with subsection (b) is
self-proved if the witness signatures follow an attestation or
self-proving clause or other declaration indicating in substance the
facts set forth in section 3.1(c) or 3.1(d) of this chapter.
(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will. (Formerly: Acts 1953, c.112, s.503; Acts 1975, P.L.288, SEC.4.) As
amended by Acts 1978, P.L.132, SEC.2; P.L.273-1983, SEC.1;
P.L.273-1985, SEC.1; P.L.262-1989, SEC.1; P.L.4-2003, SEC.1;
P.L.176-2003, SEC.6.
IC 29-1-5-3.1 Self-proving clause
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
and witnesses sign a self-proving clause that meets the requirements
of subsection (c) or (d) at the time the will is executed, no other
signatures of the testator and witnesses are required for the will to be
validly executed and self-proved.
(b) If a will is executed by the signatures of the testator and
witnesses on an attestation clause under section 3(b) of this chapter,
the will may be made self-proving at a later date by attaching to the
will a self-proving clause signed by the testator and witnesses that
meets the requirements of subsection (c) or (d).
(c) A self-proving clause must contain the acknowledgment of the
will by the testator and the statements of the witnesses, each made
under the laws of Indiana and evidenced by the signatures of the
testator and witnesses (which may be made under the penalties for
perjury) attached or annexed to the will in form and content
substantially as follows:
We, the undersigned testator and the undersigned witnesses,
respectively, whose names are signed to the attached or foregoing
instrument declare:
(1) that the testator executed the instrument as the testator's
will;
(2) that, in the presence of both witnesses, the testator signed or
acknowledged the signature already made or directed another to
sign for the testator in the testator's presence;
(3) that the testator executed the will as a free and voluntary act
for the purposes expressed in it;
(4) that each of the witnesses, in the presence of the testator and
of each other, signed the will as a witness;
(5) that the testator was of sound mind when the will was
executed; and
(6) that to the best knowledge of each of the witnesses the
testator was, at the time the will was executed, at least eighteen
(18) years of age or was a member of the armed forces or of the
merchant marine of the United States or its allies.
______________
Testator
____ ______________
Date Witness
______________
Witness
(d) A will is attested and self-proved if the will includes or has
attached a clause signed by the testator and the witnesses that
indicates in substance that:
(1) the testator signified that the instrument is the testator's will;
(2) in the presence of at least two (2) witnesses, the testator
signed the instrument or acknowledged the testator's signature
already made or directed another to sign for the testator in the
testator's presence;
(3) the testator executed the instrument freely and voluntarily
for the purposes expressed in it;
(4) each of the witnesses, in the testator's presence and in the
presence of all other witnesses, is executing the instrument as
a witness;
(5) the testator was of sound mind when the will was executed;
and
(6) the testator is, to the best of the knowledge of each of the
witnesses, either:
(A) at least eighteen (18) years of age; or
(B) a member of the armed forces or the merchant marine of
the United States or its allies.
(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will. As added by P.L.4-2003, SEC.2.
IC 29-1-5-3.2 Videotape
Sec. 3.2. Subject to the applicable Indiana Rules of Trial
Procedure, a videotape may be admissible as evidence of the
following:
(1) The proper execution of a will.
(2) The intentions of a testator.
(3) The mental state or capacity of a testator.
(4) The authenticity of a will.
(5) Matters that are determined by a court to be relevant to the
probate of a will. As added by P.L.4-2003, SEC.3.
IC 29-1-5-4 Nuncupative will; requisites; limitations
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 witnesses;
(2) Reduced to writing by or under the direction of one (1) of the
witnesses within thirty (30) days after such declaration; and
(3) Submitted for probate within six (6) months after the death of
the testator.
(b) The nuncupative will may dispose of personal property only
and to an aggregate value not exceeding one thousand ($1,000)
dollars, except that in the case of persons in active military, air or
naval service in time of war the aggregate amount may be ten
thousand ($10,000) dollars.
(c) A nuncupative will does not revoke an existing written will.
Such written will is changed only to the extent necessary to give
effect to the nuncupative will. (Formerly: Acts 1953, c.112, s.504.)
IC 29-1-5-5 Compliance with law
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, or
(2) The place of execution, or
(3) The domicile of the testator at the time of execution or at the
time of his death. (Formerly: Acts 1953, c.112, s.505.)
IC 29-1-5-6 Revocation; revival
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 and attested as
required in section 3 or 3.1 of this chapter. A will can be revoked in
part only by the execution of a writing as herein provided. And if,
after the making of any will, the testator shall execute a second, a
revocation of the second shall not revive the first will, unless it shall
appear by the terms of such revocation to have been his intent to
revive it, or, unless, after such revocation, he shall duly republish the
previous will. (Formerly: Acts 1953, c.112, s.506.) As amended by Acts 1982,
P.L.171, SEC.16; P.L.4-2003, SEC.4.
IC 29-1-5-7 Nuncupative will; revocation
Sec. 7. A nuncupative will or any part thereof can be revoked by
another nuncupative will. (Formerly: Acts 1953, c.112, s.507.)
IC 29-1-5-8 Revocation; divorce; annulment of marriage; change in
circumstances
Sec. 8. If after making a will the testator is divorced, all
provisions in the will in favor of the testator's spouse so divorced are
thereby revoked. Annulment of the testator's marriage shall have the
same effect as a divorce as hereinabove provided. With this
exception, no written will, nor any part thereof, can be revoked by
any change in the circumstances or condition of the testator. (Formerly: Acts 1953, c.112, s.508.)
IC 29-1-5-9 Trust inter vivos; execution
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 power to control investments, or the power to
consume the principal, or because it reserves to the maker or settlor
any one or more of said powers. (Formerly: Acts 1953, c.112, s.509.) As amended by Acts 1982,
P.L.171, SEC.17; P.L.4-2003, SEC.5.
IC 29-1-5
Chapter 5. Execution and Revocation of Wills
IC 29-1-5-1 Sound mind; age; armed forces
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.)
IC 29-1-5-2 Writing; witnesses
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 person shall be a subscribing witness to the execution
of any will in which any interest is passed to him, and such will
cannot be proved without his testimony or proof of his signature
thereto as a witness, such will shall be void only as to him and
persons claiming under him, and he shall be compelled to testify
respecting the execution of such will as if no such interest had been
passed to him; but if he would have been entitled to a distributive
share of the testator's estate except for such will, then so much of
said estate as said witness would have been thus entitled to, not
exceeding the value of such interest passed to him by such will, shall
be saved to him.
(d) No attesting witness is interested unless the will gives to him
some personal and beneficial interest. The fact that a person is named
in the will as executor, trustee, or guardian, or as counsel for the
estate, personal representative, trustee or guardian does not make him
an interested person. (Formerly: Acts 1953, c.112, s.502.)
IC 29-1-5-3 Signatures; videotape
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 this chapter; or
(3) a self-proving clause under section 3.1(d) of this chapter.
(b) A will may be attested as follows:
(1) The testator, in the presence of two (2) or more attesting
witnesses, shall signify to the witnesses that the instrument is
the testator's will and either:
(A) sign the will;
(B) acknowledge the testator's signature already made; or
(C) at the testator's direction and in the testator's presence
have someone else sign the testator's name.
(2) The attesting witnesses must sign in the presence of the
testator and each other.
An attestation or self-proving clause is not required under this
subsection for a valid will.
(c) A will that is executed substantially in compliance with
subsection (b) will not be rendered invalid by the existence of:
(1) an attestation or self-proving clause or other language; or
(2) additional signatures;
not required by subsection (b).
(d) A will executed in accordance with subsection (b) is
self-proved if the witness signatures follow an attestation or
self-proving clause or other declaration indicating in substance the
facts set forth in section 3.1(c) or 3.1(d) of this chapter.
(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will. (Formerly: Acts 1953, c.112, s.503; Acts 1975, P.L.288, SEC.4.) As
amended by Acts 1978, P.L.132, SEC.2; P.L.273-1983, SEC.1;
P.L.273-1985, SEC.1; P.L.262-1989, SEC.1; P.L.4-2003, SEC.1;
P.L.176-2003, SEC.6.
IC 29-1-5-3.1 Self-proving clause
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
and witnesses sign a self-proving clause that meets the requirements
of subsection (c) or (d) at the time the will is executed, no other
signatures of the testator and witnesses are required for the will to be
validly executed and self-proved.
(b) If a will is executed by the signatures of the testator and
witnesses on an attestation clause under section 3(b) of this chapter,
the will may be made self-proving at a later date by attaching to the
will a self-proving clause signed by the testator and witnesses that
meets the requirements of subsection (c) or (d).
(c) A self-proving clause must contain the acknowledgment of the
will by the testator and the statements of the witnesses, each made
under the laws of Indiana and evidenced by the signatures of the
testator and witnesses (which may be made under the penalties for
perjury) attached or annexed to the will in form and content
substantially as follows:
We, the undersigned testator and the undersigned witnesses,
respectively, whose names are signed to the attached or foregoing
instrument declare:
(1) that the testator executed the instrument as the testator's
will;
(2) that, in the presence of both witnesses, the testator signed or
acknowledged the signature already made or directed another to
sign for the testator in the testator's presence;
(3) that the testator executed the will as a free and voluntary act
for the purposes expressed in it;
(4) that each of the witnesses, in the presence of the testator and
of each other, signed the will as a witness;
(5) that the testator was of sound mind when the will was
executed; and
(6) that to the best knowledge of each of the witnesses the
testator was, at the time the will was executed, at least eighteen
(18) years of age or was a member of the armed forces or of the
merchant marine of the United States or its allies.
______________
Testator
____ ______________
Date Witness
______________
Witness
(d) A will is attested and self-proved if the will includes or has
attached a clause signed by the testator and the witnesses that
indicates in substance that:
(1) the testator signified that the instrument is the testator's will;
(2) in the presence of at least two (2) witnesses, the testator
signed the instrument or acknowledged the testator's signature
already made or directed another to sign for the testator in the
testator's presence;
(3) the testator executed the instrument freely and voluntarily
for the purposes expressed in it;
(4) each of the witnesses, in the testator's presence and in the
presence of all other witnesses, is executing the instrument as
a witness;
(5) the testator was of sound mind when the will was executed;
and
(6) the testator is, to the best of the knowledge of each of the
witnesses, either:
(A) at least eighteen (18) years of age; or
(B) a member of the armed forces or the merchant marine of
the United States or its allies.
(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will. As added by P.L.4-2003, SEC.2.
IC 29-1-5-3.2 Videotape
Sec. 3.2. Subject to the applicable Indiana Rules of Trial
Procedure, a videotape may be admissible as evidence of the
following:
(1) The proper execution of a will.
(2) The intentions of a testator.
(3) The mental state or capacity of a testator.
(4) The authenticity of a will.
(5) Matters that are determined by a court to be relevant to the
probate of a will. As added by P.L.4-2003, SEC.3.
IC 29-1-5-4 Nuncupative will; requisites; limitations
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 witnesses;
(2) Reduced to writing by or under the direction of one (1) of the
witnesses within thirty (30) days after such declaration; and
(3) Submitted for probate within six (6) months after the death of
the testator.
(b) The nuncupative will may dispose of personal property only
and to an aggregate value not exceeding one thousand ($1,000)
dollars, except that in the case of persons in active military, air or
naval service in time of war the aggregate amount may be ten
thousand ($10,000) dollars.
(c) A nuncupative will does not revoke an existing written will.
Such written will is changed only to the extent necessary to give
effect to the nuncupative will. (Formerly: Acts 1953, c.112, s.504.)
IC 29-1-5-5 Compliance with law
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, or
(2) The place of execution, or
(3) The domicile of the testator at the time of execution or at the
time of his death. (Formerly: Acts 1953, c.112, s.505.)
IC 29-1-5-6 Revocation; revival
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 and attested as
required in section 3 or 3.1 of this chapter. A will can be revoked in
part only by the execution of a writing as herein provided. And if,
after the making of any will, the testator shall execute a second, a
revocation of the second shall not revive the first will, unless it shall
appear by the terms of such revocation to have been his intent to
revive it, or, unless, after such revocation, he shall duly republish the
previous will. (Formerly: Acts 1953, c.112, s.506.) As amended by Acts 1982,
P.L.171, SEC.16; P.L.4-2003, SEC.4.
IC 29-1-5-7 Nuncupative will; revocation
Sec. 7. A nuncupative will or any part thereof can be revoked by
another nuncupative will. (Formerly: Acts 1953, c.112, s.507.)
IC 29-1-5-8 Revocation; divorce; annulment of marriage; change in
circumstances
Sec. 8. If after making a will the testator is divorced, all
provisions in the will in favor of the testator's spouse so divorced are
thereby revoked. Annulment of the testator's marriage shall have the
same effect as a divorce as hereinabove provided. With this
exception, no written will, nor any part thereof, can be revoked by
any change in the circumstances or condition of the testator. (Formerly: Acts 1953, c.112, s.508.)
IC 29-1-5-9 Trust inter vivos; execution
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 power to control investments, or the power to
consume the principal, or because it reserves to the maker or settlor
any one or more of said powers. (Formerly: Acts 1953, c.112, s.509.) As amended by Acts 1982,
P.L.171, SEC.17; P.L.4-2003, SEC.5.
