Self-proving clause
Sec. 3.1. (a) This section applies to a will executed before, on, or
after July 1, 2003. When a will is executed, the will may be:
(1) attested; and
(2) made self-proving;
by incorporating into or attaching to the will a self-proving clause
that meets the requirements of subsection (c) or (d). If the testator
and witnesses sign a self-proving clause that meets the requirements
of subsection (c) or (d) at the time the will is executed, no other
signatures of the testator and witnesses are required for the will to be
validly executed and self-proved.
(b) If a will is executed by the signatures of the testator and
witnesses on an attestation clause under section 3(b) of this chapter,
the will may be made self-proving at a later date by attaching to the
will a self-proving clause signed by the testator and witnesses that
meets the requirements of subsection (c) or (d).
(c) A self-proving clause must contain the acknowledgment of the
will by the testator and the statements of the witnesses, each made
under the laws of Indiana and evidenced by the signatures of the
testator and witnesses (which may be made under the penalties for
perjury) attached or annexed to the will in form and content
substantially as follows:
We, the undersigned testator and the undersigned witnesses,
respectively, whose names are signed to the attached or foregoing
instrument declare:
(1) that the testator executed the instrument as the testator's
will;
(2) that, in the presence of both witnesses, the testator signed or
acknowledged the signature already made or directed another to
sign for the testator in the testator's presence;
(3) that the testator executed the will as a free and voluntary act
for the purposes expressed in it;
(4) that each of the witnesses, in the presence of the testator and
of each other, signed the will as a witness;
(5) that the testator was of sound mind when the will was
executed; and
(6) that to the best knowledge of each of the witnesses the
testator was, at the time the will was executed, at least eighteen
(18) years of age or was a member of the armed forces or of the
merchant marine of the United States or its allies.
______________
Testator
____ ______________
Date Witness
______________
Witness
(d) A will is attested and self-proved if the will includes or has
attached a clause signed by the testator and the witnesses that
indicates in substance that:
(1) the testator signified that the instrument is the testator's will;
(2) in the presence of at least two (2) witnesses, the testator
signed the instrument or acknowledged the testator's signature
already made or directed another to sign for the testator in the
testator's presence;
(3) the testator executed the instrument freely and voluntarily
for the purposes expressed in it;
(4) each of the witnesses, in the testator's presence and in the
presence of all other witnesses, is executing the instrument as
a witness;
(5) the testator was of sound mind when the will was executed;
and
(6) the testator is, to the best of the knowledge of each of the
witnesses, either:
(A) at least eighteen (18) years of age; or
(B) a member of the armed forces or the merchant marine of
the United States or its allies.
(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will.
As added by P.L.4-2003, SEC.2.
Last modified: May 27, 2006