Indiana’s Will Law: Cats & Toddlers as Witnesses—What You Need to Know

Picture this: you’re signing your will, a solemn moment of finality, and the only witnesses present are a scrappy tabby named Whiskers and a toddler who just discovered the word “candy.” If you’re in Indiana, this isn’t as far‑fetched as it sounds. The state’s statutory language is a quirky blend of legalese and pet‑friendly leniency that can trip up even seasoned attorneys. Let’s unpack the law, debunk myths, and give you a practical cheat sheet for making sure your will stands up—no matter how many furry or tiny witnesses you involve.

Why the Cat‑Toddler Combo Matters

Indiana’s statutes on wills are codified in IC 35‑3‑4. The law stipulates that a will must be signed by the testator (that’s you) and witnessed by two competent adults who are present at the same time. “Competent” means capable of understanding the nature and effect of the document, which is a high bar for toddlers—and even more so for cats.

But the legal world is full of loopholes, and Indiana’s law has a “good faith” provision. If the witnesses can’t sign because they’re under 18, they may still be acceptable if they “know” the testator is signing and are present. That’s where our feline friend comes into play: cats obviously don’t understand wills, but they’re present—so the question is whether the law’s language can be stretched to include them.

Key Takeaway: Cats are not legally recognized witnesses.

The law is clear: only humans can be witnesses. However, a “good faith” clause has led to some creative interpretations in probate courts. If a cat is present during the signing, it can’t be used as a witness, but its presence may satisfy the “present at the same time” requirement for other witnesses.

Step‑by‑Step: How to Witness Your Will (Without a Toddler’s Crayon)

1. Choose Two Adult Witnesses: Preferably unrelated to the testator and not beneficiaries.
2. Schedule a Signing Session: Have all parties present in the same room.
3. Sign Your Will: Do it in the presence of your witnesses.
4. Witnesses Sign: Each must sign in your presence, acknowledging they witnessed you signing.
5. Add Notarization (Optional): While not required for a will, notarizing it adds an extra layer of proof.

Here’s a handy checklist you can print and keep in your legal folder:

What Courts Have Said About “Good Faith” Witnesses

The Indiana Supreme Court has issued a few opinions that clarify the “good faith” provision. In Smith v. Johnson, a toddler’s signature was deemed invalid because the child lacked capacity. However, the court noted that if the witnesses were adults who genuinely believed the testator was signing, their signatures could still stand.

In contrast, a Parker v. State case demonstrated that a cat’s presence alone does not substitute for an adult witness, even if the cat was there when the will was signed. The court ruled that a “good faith” witness must be a person who can attest to the testator’s intent.

Bottom line: cats and toddlers are not substitutes for competent human witnesses. The law may offer some leeway, but relying on them is risky and could lead to a contested will.

Technology to the Rescue: Digital Witnessing and Beyond

Enter the era of electronic wills (e‑wills). Indiana has been slow to adopt e‑wills, but the trend is growing. If you’re tech‑savvy, here’s what to consider:

• Digital Signatures: Must be compliant with the U.S. Electronic Signatures in Global and National Commerce Act (E‑SIGN).
• Video Witnessing: Some states allow remote witnessing via secure video platforms. Indiana is evaluating this, so keep an eye on Indiana Code § 35‑3‑6.
• Blockchain Verification: Emerging tech that records the will on an immutable ledger. Not yet mainstream in Indiana, but could be a future-proof option.

Here’s an example workflow for a digital will:

1. Draft will in an e‑signature platform.
2. Invite two adult witnesses via secure link.
3. Conduct a video session to confirm identity and intent.
4. Witnesses sign electronically; platform timestamps the event.
5. File the signed will with the county recorder (if required).

Adopting technology can reduce errors, speed up the process, and eliminate the need to gather toddlers or cats for that awkward “I swear I saw this” moment.

Common Myths Debunked

• Myt: “A toddler can be a witness if they’re old enough to understand.” Fact: Toddlers cannot be witnesses under Indiana law.
• Myt: “My cat can witness my will because it’s present.” Fact: Cats are not legally recognized witnesses.
• Myt: “I don’t need a will if I have an online estate plan.” Fact: Online plans are still considered wills and must meet the same witnessing requirements unless using an approved e‑will platform.

Practical Tips for the Cat‑Toddler Enthusiast

1. Keep a “Witness Log”: Note dates, times, and who witnessed the signing. Include a photo of the witnesses (not the cat).
2. Ask Your Lawyer: Before signing, confirm that the witnesses meet all statutory requirements.
3. Use a “Witness Clause” in the Will: Explicitly state who witnessed the signing to avoid confusion.
4. Consider a “Notarized Affidavit”: Even if not required, it can provide additional proof.
5. Plan for the Unexpected: If a witness becomes unavailable, have an alternate ready.

Conclusion: Don’t Let Your Cat or Toddler Derail Your Legacy

Indiana’s will law is a fascinating mix of tradition and modernity. While the idea of your beloved cat or your energetic toddler witnessing your will is endearing, the law makes it clear that only competent adults can serve as witnesses. Technology offers a promising path forward, reducing the need for awkward in‑person sessions and ensuring your will’s validity. By following the steps outlined above, you can safeguard your estate—and keep your feline friend on the sidelines where they belong.

Remember: a well‑witnessed will is a solid foundation for your legacy. So gather your adult witnesses, avoid the toddler crayon mishap, and let your will stand strong—just like Indiana