Indiana § 34-45-2-5 Contract actions involving heirs or devisees; competent witnesses

Indiana Statutes

§ 34-45-2-5 — Contract actions involving heirs or devisees; competent witnesses

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 45 WITNESSES·Ch. 2 Competent and Incompetent Witnesses

(a)This section applies to suits by or against heirs or devisees founded on a contract with or demand against an ancestor:

(1)to obtain title to or possession of property, real or personal, of, or in right of, the ancestor; or

(2)to affect property described in subdivision (1) in any manner.

(b)This section does not apply in a proceeding to contest the validity of a:

(1)will; or

(2)trust.

(c)Except as provided in subsection (d), neither party to a suit described in subsection (a) is a competent witness as to any matter that occurred before the death of the ancestor.

(d)A custodian or other qualified witness in a suit described in subsection (a) may present evidence that is admissible under Indiana Evidence Rule 803(6). [Pre-1998 Recodification Citation: 34-1-14-7.]

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(a) This section applies to suits by or against
heirs or devisees founded on a contract with or demand against an
ancestor:
(1) to obtain title to or possession of property, real or personal, of,
or in right of, the ancestor; or
(2) to affect property described in subdivision (1) in any manner.
(b) This section does not apply in a proceeding to contest the
validity of a:
(1) will; or
(2) trust.
(c) Except as provided in subsection (d), neither party to a suit
described in subsection (a) is a competent witness as to any matter that
occurred before the death of the ancestor.
(d) A custodian or other qualified witness in a suit described in
subsection (a) may present evidence that is admissible under Indiana
Evidence Rule 803(6).
[Pre-1998 Recodification Citation: 34-1-14-7.]

Indiana § 34-45-2-5 (Contract actions involving heirs or devisees; competent witnesses) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.