50 State Testamentary Capacity Project: Indiana Testamentary Capacity Expert Definitions

In an effort to provide a better understanding for what testamentary capacity expert psychologists look for when forming opinions about whether the person had testamentary capacity in the execution of a will, trust, beneficiary designation, or other testamentary contractual document, I am highlighting the statutes, case law, and jury instructions specific to all 50 states. Each will be in its own blog post. Fourteenth up, Indiana.

Covert v. Boicourt, 168 N.E. 198 (Ind. Ct. App. 1929), 168 N.E. 198

If the testator was in possession of sufficient strength of mind and memory to enable her to (1) know the extent and value of her property, (2) the number and names of those who were the natural objects of her bounty, (3) their desserts with reference to their conduct toward and treatment of her and to (4) carry these things in mind long enough to have her will prepared and executed, then she was in law of sound mind and her said will and codicil valid.

In re: Guardianship of Fowler, 175 Ind. App. 386 (1978)

Testamentary capacity is determined upon the inquiry: Did the testator possess sufficient strength of mind and memory to know the extent and value of his property, the number and names of those who were the natural objects of his bounty, their deserts [sic] with reference to their conduct and treatment towards him, their capacity and necessity, and did he have sufficient active memory to retain all these facts in mind long enough to have his will prepared and executed?

Ind. Code § 29-1-7-17

Except as provided in section 16.5 of this chapter, any interested person may contest the validity of any will in the court having jurisdiction over the probate of the will within three (3) months after the date of the order admitting the will to probate by filing in the same court, in a separate cause of action, the person's allegations in writing verified by affidavit, setting forth:

(1) the unsoundness of mind of the testator;(2) the undue execution of the will;(3) that the will was executed under duress or was obtained by fraud; or(4) any other valid objection to the will's validity or the probate of the will [including an insane delusion].

The executor and all other persons beneficially interested in the will shall be made defendants to the action.