§ 29-1-5-2 — Writing; witnesses

(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.