Last Will and Testament for Divorced person not Remarried with Minor Children
Note: This summary is not intended to be an
all-inclusive discussion of the law of wills in Indiana, but does contain
basic and other information. This summary does not include information
about handwritten wills.
Who may make a will: Any person of sound
mind who is eighteen (18) years of age or older, or who is younger and
a member of the armed forces, or of the merchant marine of the United States,
or its allies, may make a will. IC 29-1-5-1
Execution: A will shall be in writing,
signed by the testator in the presence of the witnesses and witnessed by
at least 2 witnesses. The attesting witnesses must sign in the presence
of the testator and each other. IC 29-1-5-3
Who may Witness: Any person competent at
the time of attestation to be a witness generally in this state may act
as an attesting witness to the execution of a will.
Interested Witness: If any person shall
be a subscribing witness to the execution of any will in which any interest
is passed to him, and such will cannot be proved without his testimony
or proof of his signature thereto as a witness, such will shall be void
only as to him and persons claiming under him, and he shall be compelled
to testify respecting the execution of such will as if no such interest
had been passed to him; but if he would have been entitled to a distributive
share of the testator's estate except for such will, then so much of said
estate as said witness would have been thus entitled to, not exceeding
the value of such interest passed to him by such will, shall be saved to
him. The fact that a person is named in the will as executor,
trustee, or guardian, or as counsel for the estate, personal representative,
trustee or guardian does not make him an interested person. IC 29-1-5-3
Foreign Wills: A will is legally executed
if the manner of its execution complies with the Indiana law, the law of
the place of execution, or the law of the domicile of the testator at the
time of execution or at the time of his death. IC 29-1-5-5
Revocation: A will may be revoked by the
testator, or some other person in his presence and by his direction, with
intent to revoke, destroying or mutilate the same. The testator may also
revoke the will by making another will with the purpose of revoking the
will. IC 29-1-5-6
Divorce: If after making a will the testator
is divorced, all provisions in the will in favor of the testator's spouse
so divorced are thereby revoked. Annulment of the testator's marriage shall
have the same effect as a divorce. IC 29-1-5-8
