§ 29-1-2-13 — Waiver; intestate share

Indiana § 29-1-2-13

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 2: Intestate Succession and Rights of Certain Interested

Text

(a) The intestate share or other expectancy to
which the spouse or any other heir is entitled may be waived at any
time by a written contract, agreement or waiver signed by the party
waiving such share or expectancy. The promise of marriage, in the
absence of fraud, is sufficient consideration in the case of an agreement
made before marriage. In all other cases such contract, an agreement
or waiver is binding upon the parties to the agreement if executed after
a full disclosure of the nature and extent of such right, and if the thing
or promise given to such party is a fair consideration under all the
circumstances.
(b) Except as otherwise provided in the agreement, a waiver
executed by the decedent's spouse is considered a waiver of the right
to elect to take against the decedent's will. The written agreement may
be filed in the same manner as is provided for the filing of an election
under IC 29-1-3-3.
Formerly: Acts 1953, c.112, s.213. As amended by Acts 1982,
P.L.171, SEC.13; P.L.283-1987, SEC.2; P.L.5-1988, SEC.155.