Indiana Code 29-1-7-17. Contest of wills; requisites; grounds
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Sec. 17. Except as provided in section 16.5 of this chapter, any interested person may contest the validity of any will in the court having jurisdiction over the probate of the will within three (3) months after the date of the order admitting the will to probate by filing in the same court, in a separate cause of action, the person’s allegations in writing verified by affidavit, setting forth:
(2) the undue execution of the will;
(1) the unsoundness of mind of the testator;
Terms Used In Indiana Code 29-1-7-17
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Executor: A male person named in a will to carry out the decedent
- Fraud: Intentional deception resulting in injury to another.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(3) that the will was executed under duress or was obtained by fraud; or
(4) any other valid objection to the will’s validity or the probate of the will.
The executor and all other persons beneficially interested in the will shall be made defendants to the action.
Formerly: Acts 1953, c.112, s.717; Acts 1975, P.L.288, SEC.9. As amended by P.L.172-1986, SEC.1; P.L.284-1987, SEC.1; P.L.94-1989, SEC.2; P.L.154-1990, SEC.5; P.L.252-2001, SEC.14; P.L.190-2016, SEC.37; P.L.194-2017, SEC.1; P.L.38-2023, SEC.4.