Ind. Code § 29-1-6-2

Contest of wills; admission prevented; forfeiture of benefits

  1. (a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision.
  2. (b) Subsection (a) does not apply to the following proceedings:

    1. (1) An action brought by a beneficiary if good cause is found by a court.
    2. (2) An action brought by an executor or other fiduciary of a will that incorporates a no contest provision, unless the executor or other fiduciary is a beneficiary against whom the no contest provision is otherwise enforceable.
    3. (3) An agreement, including a nonjudicial settlement agreement, among beneficiaries and any other interested persons to settle or resolve any other matter relating to a will or estate.
    4. (4) An action to determine whether a proposed or pending motion or proceeding constitutes a contest.
    5. (5) An action brought by or on behalf of a beneficiary to seek a ruling regarding the construction or interpretation of a will.
    6. (6) An action or objection brought by a beneficiary, an executor, or other fiduciary that seeks a ruling on proposed distributions, fiduciary fees, or any other matter where a court has discretion.
    7. (7) An action brought by the attorney general that:

      1. (A) seeks a ruling regarding the construction or interpretation of:

        1. (i) a will containing a charitable trust or charitable bequest; or
        2. (ii) a no contest provision contained in a will or trust that purports to penalize a charity or charitable interest; or
      2. (B) institutes any other proceedings relating to:

        1. (i) an estate; or
        2. (ii) a trust;

          if good cause is shown to do so.

          Formerly: Acts 1953, c.112, s.602. As amended by P.L.136-2018, SEC.215; P.L.163-2018, SEC.4; P.L.215-2018(ss), SEC.13.

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