Does Indiana allow a tangible personal property memorandum?

Indiana appears to expressly allow a tangible personal property memorandum by statute. Specifically, Indiana Code § 29-1-6-1 states:

(m) A written statement or list that:

(1) complies with this subsection;  and

(2) is referred to in a will;

may be used to dispose of items of tangible personal property, other than property used in a trade or business, not otherwise specifically disposed of by the will.  To be admissible under this subsection as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the beneficiaries with reasonable certainty.  The writing may be prepared before or after the execution of the will.  The writing may be altered by the testator after the writing is prepared.  The writing may have no significance apart from the writing's effect on the dispositions made by the will.  If more than one (1) otherwise effective writing exists, then, to the extent of a conflict among the writings, the provisions of the most recent writing revoke the inconsistent provisions of each earlier writing.



Disclaimer: As estate planning is dependent on your specific situation and jurisdiction, you should contact an attorney to obtain advice regarding planning in your state. The above information is for informational purposes only.