Note: This summary is not intended to be an all inclusive discussion of the law of wills in Indiana, but does contain basic and other information. This summary does not include information about hand written wills.
Who may make a will: Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will. IC 29-1-5-1
Execution: A will shall be in writing, signed by the testator in the presence of the witnesses and witnessed by at least 2 witnesses. The attesting witnesses must sign in the presence of the testator and each other. IC 29-1-5-3
Who may Witness: Any person competent at the time of attestation to be a witness generally in this state may act as an attesting witness to the execution of a will.
Interested Witness: If any person shall be a subscribing witness to the execution of any will in which any interest is passed to him, and such will cannot be proved without his testimony or proof of his signature thereto as a witness, such will shall be void only as to him and persons claiming under him, and he shall be compelled to testify respecting the execution of such will as if no such interest had been passed to him; but if he would have been entitled to a distributive share of the testator's estate except for such will, then so much of said estate as said witness would have been thus entitled to, not exceeding the value of such interest passed to him by such will, shall be saved to him. The fact that a person is named in the will as executor, trustee, or guardian, or as counsel for the estate, personal representative, trustee or guardian does not make him an interested person. IC 29-1-5-3
Foreign Wills: A will is legally executed if the manner of its execution complies with the Indiana law, the law of the place of execution, or the law of the domicile of the testator at the time of execution or at the time of his death. IC 29-1-5-5
Revocation: A will may be revoked by the testator, or some other person in his presence and by his direction, with intent to revoke, destroying or mutilate the same. The testator may also revoke the will by making another will with the purpose of revoking the will. IC 29-1-5-6
Divorce: If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse so divorced are thereby revoked. Annulment of the testator's marriage shall have the same effect as a divorce. IC 29-1-5-8
Legal Last Will and Testament for Married person with Minor Children from Prior Marriage
Legal Last Will and Testament Form for a Married Person with No Children
Legal Last Will and Testament Form for a Single Person with Minor Children
Legal Last Will and Testament Form for Divorced person not Remarried with Adult Children
Legal Last Will and Testament Form for Divorced person not Remarried with Minor Children
