IN Code § 30-2-8.6-38 (2021)
2021 Indiana Code|Title 30. Trusts and Fiduciaries|Article 2. General Provisions|Chapter 8.6. Uniform Custodial Trust Act|30-2-8.6-38. Creating a Custodial Trust

Sec. 38. (a) If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of section 18 of this chapter are satisfied by either of the following:(1) The execution and either delivery to the custodial trustee or recording of an instrument in substantially the following form:TRANSFER UNDER THEINDIANA UNIFORM CUSTODIAL TRUST ACTI, _______________ (name of transferor or name and representative capacity if a fiduciary), transfer to _______________ (name of trustee other than transferor), as custodial trustee for _______________ (name of beneficiary) as beneficiary and ______________ as distributee on termination of the trust in absence of direction by the beneficiary under the Indiana uniform custodial trust act, the following: (insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).Dated:  _____________________________________________________(Signature)(2) The execution and the recording or giving notice of its execution to the beneficiary of an instrument in substantially the following form:DECLARATION OF TRUST UNDER THEINDIANA UNIFORM CUSTODIAL TRUST ACTI, _______________ (name of owner of property), declare that henceforth I hold as custodial trustee for _______________ (name of beneficiary other than transferor) as beneficiary and _______________ as distributee on termination of the trust in absence of direction by the beneficiary under the Indiana uniform custodial trust act, the following: (Insert a description of the custodial trust property legally sufficient to identify and transfer each item of property).Dated:  _____________________________________________________(Signature)(b) Customary methods of transferring or evidencing ownership of property may be used to create a custodial trust, including any of the following:(1) Registration of a security in the name of:(A) a trust company;(B) an adult other than the transferor; or(C) the transferor if the beneficiary is other than the transferor;designated in substance "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".(2) Delivery of:(A) a certificated security, or a document necessary for the transfer of an uncertificated security; and(B) any necessary endorsement;to an adult other than the transferor or to a trust company as custodial trustee, accompanied by an instrument in substantially the form prescribed in subsection (a)(1).(3) Payment of money or transfer of a security held in the name of a broker or a financial institution or its nominee to a broker or financial institution for credit to an account in the name of:(A) a trust company;(B) an adult other than the transferor; or(C) the transferor if the beneficiary is other than the transferor;designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".(4) Registration of ownership of a life or endowment insurance policy or annuity contract with the issuer in the name of:(A) a trust company;(B) an adult other than the transferor; or(C) the transferor if the beneficiary is other than the transferor;designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".(5) Delivery of a written assignment to:(A) an adult other than the transferor; or(B) a trust company;whose name in the assignment is designated in substance by the words: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".(6) Irrevocable exercise of a power of appointment, pursuant to its terms, in favor of:(A) a trust company;(B) an adult other than the donee of the power; or(C) the donee who holds the power if the beneficiary is other than the donee;whose name in the appointment is designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".(7) Delivery of a written notification or assignment of a right to future payment under a contract to an obligor that transfers the right under the contract to:(A) a trust company;(B) an adult other than the transferor; or(C) the transferor if the beneficiary is other than the transferor;whose name in the notification or assignment is designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".(8) Execution, delivery, and recordation of a conveyance of an interest in real property in the name of:(A) a trust company;(B) an adult other than the transferor; or(C) the transferor if the beneficiary is other than the transferor;designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".(9) Issuance of a certificate of title by an agency of a state or of the United States that evidences title to tangible personal property:(A) issued in the name of:(i) a trust company;(ii) an adult other than the transferor; or(iii) the transferor if the beneficiary is other than the transferor;designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act"; or(B) delivered to:(i) a trust company; or(ii) an adult other than the transferor or endorsed by the transferor to that person;designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".(10) Execution and delivery of an instrument of gift to:(A) a trust company; or(B) an adult other than the transferor;designated in substance: "as custodial trustee for _______________ (name of beneficiary) under the Indiana uniform custodial trust act".As added by P.L.3-2003, SEC.1. Amended by P.L.97-2004, SEC.103.