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).

[Pre-1998 Recodification Citation: 34-1-14-7.]

As added by P.L.1-1998, SEC.41. Amended by P.L.33-2004, SEC.1.