Failure to elect; intestate succession
Sec. 7. When a surviving spouse makes no election to take against
the will, he shall receive the benefit of all provisions in his favor in
the will, if any, and shall share as heir, in accordance with
IC 29-1-2-1, in any estate undisposed of by the will. The surviving
spouse is not entitled to take any share against the will by virtue of
the fact that the testator made no provisions for him therein, except
as he shall elect pursuant to IC 29-1. By taking under the will or
consenting thereto, he does not waive his right to the allowance,
unless it clearly appears from the will that the provision therein made
for him was intended to be in lieu of that right.
(Formerly: Acts 1953, c.112, s.307.) As amended by Acts 1977,
P.L.296, SEC.1; P.L.176-2003, SEC.5.
Last modified: May 27, 2006