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:
(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 testat
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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.
(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) If the testator and the attesting witnesses executed the will in two
(2) or more counterparts on paper under section 3(c) of this chapter, the
self-proving clause, if applicable, for the will must substantially be in
the following form:
"We, the undersigned testator and undersigned witnesses,
respectively, whose names are signed to the attached or foregoing
instrument, declare the following:
(1) That the undersigned testator and witnesses interacted with
each other in real time through the use of technology, and each
witness was able to observe the testator and other witnesses
throughout the signing process.
(2) That the testator executed a complete counterpart of the
instrument, in a readable form on paper, as the testator's will.
(3) That, in the presence of both witnesses, the testator:
(A) signed the paper counterpart of the will;
(B) acknowledged the testator's signature already made; or
(C) directed another individual to sign the paper counterpart
of the will for the testator in the testator's presence.
(4) That the testator executed the will as a free and voluntary act
for the purpose expressed in the will.
(5) That each of the witnesses, in the presence of the testator and
of each other, signed one (1) or more other complete paper
counterparts of the will as a witness.
(6) That each paper counterpart of the will that was signed by the
witness was complete, in readable form, and with content
identical to the paper counterpart signed by the testator.
(7) That the testator was of sound mind when the will was
executed.
(8) That, to the best knowledge of each witness, the testator was
at least eighteen (18) years of age at the time the will was
executed or was a member of the armed forces or of the merchant
marine of the United States or its allies.".
(f) This section shall be construed in favor of effectuating the
testator's intent to make a valid will.