Contract actions involving heirs or devisees; competent witnesses
Sec. 5. (a) This section applies to suits by or against heirs or
devisees founded on a contract with or demand against an ancestor:
(1) to obtain title to or possession of property, real or personal,
of, or in right of, the ancestor; or
(2) to affect property described in subdivision (1) in any
manner.
(b) This section does not apply in a proceeding to contest the
validity of a:
(1) will; or
(2) trust.
(c) Except as provided in subsection (d), neither party to a suit
described in subsection (a) is a competent witness as to any matter
that occurred before the death of the ancestor.
(d) A custodian or other qualified witness in a suit described in
subsection (a) may present evidence that is admissible under Indiana
Evidence Rule 803(6).
As added by P.L.1-1998, SEC.41. Amended by P.L.33-2004, SEC.1.
Last modified: May 24, 2006