January 21, 2004



DIGEST OF HB 1051 (Updated January 14, 2004 10:17 am - DI 107)

Citations Affected: IC 34-45.

Synopsis: Deadman's statute. Specifies that the "deadman's statute" does not: (1) apply in a proceeding to contest the validity of a will or trust; or (2) bar the introduction of evidence that would be admissible under a hearsay exception to the evidence rules.

Effective: July 1, 2004.

Foley, Kuzman

    January 13, 2004, read first time and referred to Committee on Judiciary.
    January 20, 2004, reported _ Do Pass.

January 21, 2004

Second Regular Session 113th General Assembly (2004)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2003 Regular Session of the General Assembly.


    A BILL FOR AN ACT to amend the Indiana Code concerning civil law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-45-2-5; (04)HB1051.1.1. -->     SECTION 1. IC 34-45-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: 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).