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

Indiana § 34-45-2-5

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

Text

(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.]

Legislative History

As added by P.L.1-1998, SEC.41. Amended by P.L.33-2004, SEC.1.