§ 29-1-21-14 — Prima facie evidence of validity

Indiana § 29-1-21-14

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 21: Electronic Wills

Text

(a) Regardless of the number of custodians
or other persons who receive, hold, or transfer copies of an electronic
record for an electronic will to other custodians, other authorized
persons, or the testator:
(1) the electronic record, including any accompanying document
integrity evidence (if applicable), is prima facie evidence of:
(A) the validity of the electronic will; and
(B) freedom from unauthorized alteration or tampering unless
evidence of alteration or tampering is evident on the face of the
electronic record;
(2) a complete converted copy of an electronic will is prima facie
evidence of:
(A) the validity of the electronic will; and
(B) freedom from unauthorized alteration or tampering;
if the electronic will was executed in compliance with this
chapter; and
(3) except as provided in section 16(e)(2) of this chapter, a
custodian or other person is not required to make or issue an
affidavit regarding the custodian's or other person's custody of the
electronic record for an electronic will or custody of a complete
converted copy of the electronic will. Any custodian or other
person may, however, make an affidavit of regularity under
section 13 of this chapter if any objection is asserted or any doubt
is raised concerning the validity of the electronic will or about any
alleged unauthorized alteration of the electronic will.
(b) The presumption of:
(1) validity; and
(2) freedom from unauthorized alteration or tampering;
described in subsection (a) may be rebutted by clear and convincing
evidence or by evidence that the testator executed another electronic
will or traditional paper will at a later date.

Legislative History

As added by P.L.40-2018, SEC.2.