Waiver; intestate share
Sec. 13. (a) The intestate share or other expectancy to which the
spouse or any other heir is entitled may be waived at any time by a
written contract, agreement or waiver signed by the party waiving
such share or expectancy. The promise of marriage, in the absence
of fraud, is sufficient consideration in the case of an agreement made
before marriage. In all other cases such contract, an agreement or
waiver is binding upon the parties to the agreement if executed after
a full disclosure of the nature and extent of such right, and if the
thing or promise given to such party is a fair consideration under all
the circumstances.
(b) Except as otherwise provided in the agreement, a waiver
executed by the decedent's spouse is considered a waiver of the right
to elect to take against the decedent's will. The written agreement
may be filed in the same manner as is provided for the filing of an
election under IC 29-1-3-3.
(Formerly: Acts 1953, c.112, s.213.) As amended by Acts 1982,
P.L.171, SEC.13; P.L.283-1987, SEC.2; P.L.5-1988, SEC.155.
Last modified: May 27, 2006