2018 Indiana Code
TITLE 29. Probate
ARTICLE 1. PROBATE CODE
CHAPTER 21. Electronic Wills
29-1-21-14. Prima facie evidence of validity

Universal Citation: IN Code § 29-1-21-14 (2018)
IC 29-1-21-14 Prima facie evidence of validity

     Sec. 14. (a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic will to other custodians, other authorized persons, or the testator:

(1) the electronic record, including any accompanying document integrity evidence (if applicable), is prima facie evidence of:

(A) the validity of the electronic will; and

(B) freedom from unauthorized alteration or tampering unless evidence of alteration or tampering is evident on the face of the electronic record;

(2) a complete converted copy of an electronic will is prima facie evidence of:

(A) the validity of the electronic will; and

(B) freedom from unauthorized alteration or tampering;

if the electronic will was executed in compliance with this chapter; and

(3) except as provided in section 16(e)(2) of this chapter, a custodian or other person is not required to make or issue an affidavit regarding the custodian's or other person's custody of the electronic record for an electronic will or custody of a complete converted copy of the electronic will. Any custodian or other person may, however, make an affidavit of regularity under section 13 of this chapter if any objection is asserted or any doubt is raised concerning the validity of the electronic will or about any alleged unauthorized alteration of the electronic will.

     (b) The presumption of:

(1) validity; and

(2) freedom from unauthorized alteration or tampering;

described in subsection (a) may be rebutted by clear and convincing evidence or by evidence that the testator executed another electronic will or traditional paper will at a later date.

As added by P.L.40-2018, SEC.2.

 

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