Indiana § 29-1-3-6 Waiver of right

Indiana Statutes

§ 29-1-3-6 — Waiver of right

Indiana § 29-1-3-6

Art. 1PROBATE CODE

Ch. 3Taking Against a Will and Rights of Pretermitted Heirs

This text of Indiana § 29-1-3-6 (Waiver of right) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 29-1-3-6 (2026).

Text

(a)The right of election of a surviving spouse given under section 1 of this chapter may be waived before or after marriage by a written contract, agreement signed by the party waiving the right of election, after full disclosure of the nature and extent of such right, if the thing or the promise given such party is a fair consideration under all the circumstances.

(b)The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. An agreement waiving a right of election may be filed in the same manner as provided for the filing of an election under section 3 of this chapter. Formerly: Acts 1953, c.112, s.306. As amended by P.L.283-1987, SEC.3.

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(a) The right of election of a surviving spouse
given under section 1 of this chapter may be waived before or after
marriage by a written contract, agreement signed by the party waiving
the right of election, after full disclosure of the nature and extent of
such right, if the thing or the promise given such party is a fair
consideration under all the circumstances.
(b) The promise of marriage, in the absence of fraud, is sufficient
consideration in the case of an agreement made before marriage. An
agreement waiving a right of election may be filed in the same manner
as provided for the filing of an election under section 3 of this chapter.
Formerly: Acts 1953, c.112, s.306. As amended by
P.L.283-1987, SEC.3.