Indiana Code - Probate - Title 29, Section 29-1-3-6

Waiver of right

Sec. 6. (a) The right of election of a surviving spouse given under
section 1 of this chapter may be waived before or after marriage by
a written contract, agreement signed by the party waiving the right
of election, after full disclosure of the nature and extent of such right,
if the thing or the promise given such party is a fair consideration
under all the circumstances.
(b) The promise of marriage, in the absence of fraud, is sufficient
consideration in the case of an agreement made before marriage. An
agreement waiving a right of election may be filed in the same
manner as provided for the filing of an election under section 3 of
this chapter.
(Formerly: Acts 1953, c.112, s.306.) As amended by P.L.283-1987,
SEC.3.

Last modified: May 27, 2006