
Are you wondering how to get a will for yourself or a loved one? Creating a will is one of the most important steps in your estate planning journey. While anyone living in Indiana may attempt to write their own will, doing so without legal guidance can create significant risks. Indiana has specific laws governing how wills must be drafted, executed, and interpreted. If your will contains unclear language or does not meet Indiana’s legal requirements, it could lead to disputes during estate administration or even result in an invalid document.
Some of the Indiana Laws That Affect Your Will
1. You must be of sound mind to create a valid will.
Indiana law requires that a testator be mentally competent when writing and signing a will. Challenges to mental capacity can derail the probate process. (Ind. Code § 29-1-5-1)
2. Wills must be clearly and carefully worded.
Indiana has detailed laws describing how wills should be interpreted, especially when language is ambiguous. Poor drafting can cause confusion or disagreements among beneficiaries. (Ind. Code § 29-1-6-1)
3. Indiana provides protections for surviving spouses.
Even if your will leaves all of your property to your children, your spouse may still be legally entitled to a portion of your estate. Indiana law allows a surviving spouse to claim up to half of the estate, regardless of what the will says. (Ind. Code § 29-1-3-1)
4. Proper execution is essential for a valid Indiana will.
A will must be signed by the testator and two competent witnesses in the correct manner. Any errors in execution can make the will invalid during Indiana probate proceedings. (Ind. Code § 29-1-5-3)
Why You Should Work With an Indiana Estate Planning Attorney
Because of these complex laws and the risk of costly mistakes, working with an experienced Indiana estate planning attorney is the best way to ensure your will is valid and enforceable. An attorney can help you draft clear, legally compliant language, navigate Indiana’s probate and estate laws, and avoid disputes among beneficiaries. This is especially important if you own real estate, have minor children, or need to coordinate your will with a trust or other planning documents.
Partnering with an Indianapolis estate planning attorney gives you peace of mind that your will accurately reflects your wishes, protects your family, and complies with all Indiana legal requirements.