Introduced Version






HOUSE BILL No. 1051

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-45-2-5.

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.







Introduced

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.
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HOUSE BILL No. 1051



    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)IN1051.1.1. -->     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).