Sec. 5. Subject to the applicable Indiana Rules of Evidence and the Indiana Rules of Trial Procedure, a video recording, one (1) or more photographs, or an audio recording of part or all of an electronic will's execution or a video recording of a testator either before or after the execution of an electronic will may be admissible as evidence of the following:
(1) The proper execution of an electronic will in compliance with section 4 of this chapter.
(2) The intentions of the testator.
(3) The mental state or capacity of the testator.
(4) The absence of undue influence or duress with respect to the testator.
(5) Verification of the testator's identity.
(6) Evidence that a complete converted copy of an electronic will should be admitted to probate.
(7) Whether a will whose execution failed to fully comply with section 4 of this chapter should be admitted to probate as a valid traditional paper will.
(8) Any other matter the court considers relevant to the probate of an electronic will.
As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.9.
Structure Indiana Code
29-1-21-1. Purpose of Chapter; Presumptions
29-1-21-2. Exclusive Authority; Application of Other Statutes
29-1-21-4. Attestation; Electronic Signature; Self-Proving Clause; Affidavit of Compliance
29-1-21-4.1. Certain Wills Executed in Reliance on Supreme Court Order
29-1-21-5. Recordings; Photographs; Admissibility
29-1-21-6. "Form Vendor"; Instructions to Signatory
29-1-21-7. Execution of Electronic Will
29-1-21-8. Revocation of Electronic Will
29-1-21-9. Use of Converted Copy; Affidavit
29-1-21-10. Maintenance, Receipt, and Transfer of Electronic Will
29-1-21-11. Delivery of Electronic Will; Recipients; Methods of Delivery
29-1-21-12. "Destroy"; Destruction of Electronic Will
29-1-21-13. Affidavit of Regularity
29-1-21-14. Prima Facie Evidence of Validity
29-1-21-15. "Electronic Will Copy"; Deposit of Electronic Will
29-1-21-16. "Filing of an Electronic Will"
29-1-21-18. "Digital Asset"; "Electronic Communication"; "Custodian"; "Users"; "Transaction"