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2019 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs
29-1-3-6. Waiver of right
Universal Citation: IN Code § 29-1-3-6 (2019)
IC 29-1-3-6 Waiver of right
Sec. 6. (a) The right of election of a surviving spouse given under section 1 of this chapter may be waived before or after marriage by a written contract, agreement signed by the party waiving the right of election, after full disclosure of the nature and extent of such right, if the thing or the promise given such party is a fair consideration under all the circumstances.
(b) The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. An agreement waiving a right of election may be filed in the same manner as provided for the filing of an election under section 3 of this chapter.
Formerly: Acts 1953, c.112, s.306. As amended by P.L.283-1987, SEC.3.
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