§ 29-1-7-17.5 — Contest of two or more wills

Indiana § 29-1-7-17.5

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 7: Probate and Grant of Administration

Text

5. (a) The court, in its discretion and upon
application of any party instituting an action under section 16 or 17 of
this chapter, may permit the contest of two (2) or more wills if there is
prima facie evidence that:
(1) the decedent suffered from an irreversible medical or
psychiatric condition that predated the earliest will to be
challenged; or
(2) a party beneficially interested in one (1) or more challenged
wills had a direct and active nexus with the preparation or
execution process for each will to be challenged on the basis of
undue influence.
The prima facie preliminary evidentiary showing under subdivision (1)
shall be made by an affidavit of the decedent's treating physician or
through the records of a health care provider obtained during discovery
and tendered to the court under Rule 803(6) of the Indiana Rules of
Evidence.
(b) If the court exercises its discretion to permit the challenge to two
(2) or more wills in one (1) proceeding, a challenger is eligible to
request attorney's fees under IC 29-1-10-14 if the challenger stands to
directly benefit from a successful suit. The court shall review the
attorney's fee claims at the conclusion of the will contest. The award
and allocation of attorney's fees paid from the estate shall be solely at
the discretion of the court.

Legislative History

As added by P.L.231-2019, SEC.9.