Indiana Code on Wills

Any person in Indiana who is mentally competent and 18 years of age or older can make a will.

Handling and executing the will of a deceased family member or friend is a difficult and sensitive subject involving a lot of money and intense emotions. The large sums of money that wills often deal with can sometimes yield financial conflicts and property disputes; thus all states have established laws pertaining to the apprehension and execution of wills. If you live in Indiana, you may find it helpful to know Indiana's laws regarding wills.

Age Requirements

According to Indiana code Chapter 5. IC 29-1-5-1, any person who is at least 18 years old and possesses a sound mind is permitted to make a will. A person who is under 18 years of age can make a will only if he is a member of the armed services or the merchant marine for the United States or a U.S. ally.

Writing and Witnesses

All wills must be executed in writing to become official, with the only exception being nuncupative wills -- wills delivered orally by a dying person. Indiana code 29-1-5-2 mandates that two witnesses must be present to oversee the development and details of a nuncupative will. Any person who is mentally competent at the time of attestation is permitted to act as a witness.

Signatures

To authorize the enforcement of wills, all wills must be executed by a signature of the testator and the signature of at least two witnesses. If the testator is physically unable to sign the document, another person authorized by the testator may sign the will with the testator's name provided that the respective testator gives consent and is present.

Life-Prolonging Procedures

Indiana Code, under Chapter 4. IC 16-36-4, establishes that any person who possesses a sound mind and is 18 years old or older is permitted to make a life-prolonging will declaration. To make this declaration pertaining to medical treatment desires, the person making the declaration must fill out the appropriate dated form and sign the form in the presence of two witnesses who are mentally competent, are not entitled to any property in the will and are not financially responsible for the medical bills of the testator.

References

• Indiana Legislative Services Agency: Chapter 5. Execution and Revocation of Wills
• Indiana Legislative Services Agency: Chapter 4. Living Wills and Life Prolonging Procedures