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.
Structure Indiana Code
Title 34. Civil Law and Procedure
Chapter 2. Competent and Incompetent Witnesses
34-45-2-0.1. Application of Certain Amendments to Chapter
34-45-2-1. Competent Witnesses Generally
34-45-2-2. Insane Persons Considered Incompetent Witnesses
34-45-2-3. Mentally Incompetent Persons and Guardians
34-45-2-4. Executors or Administrators; Depositions; Evidence Given by Decedent
34-45-2-5. Contract Actions Involving Heirs or Devisees; Competent Witnesses
34-45-2-6. Agent of Decedent; Transactions
34-45-2-7. Agent of Decedent; Contracts
34-45-2-8. Unlawfully Taking or Damaging Personal Property
34-45-2-10. Assignor or Grantor; Adverse Party
34-45-2-11. Executors or Administrators; Contracts Assigned
34-45-2-12. Effect of Lack of Religious Belief; Moral Character