Indiana Code 29-1-7-17.5. Contest of two or more wills
(1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or
Terms Used In Indiana Code 29-1-7-17.5
- 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.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Decedent: A deceased person.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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.
As added by P.L.231-2019, SEC.9.