reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1. General Provisions › 30-4-1-12. Persons Born Out of Wedlock

Sec. 12. In construing a trust making a distribution to a person described by relationship to the settlor or to another person, a person born out of wedlock shall be considered the child of the person's mother. If the right of a person born out of wedlock to inherit from the person's father is established under IC 29-1-2-7, the person shall also be considered a child of the person's father.
As added by P.L.252-2001, SEC.34.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-1. Purpose of Chapter; Presumptions

Sec. 1. The purpose of this chapter is to provide rules for the valid execution, amendment, and revocation of inter vivos trusts that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a settlor whose identity can be verified, who has capacity, and who is acting free from undue duress and undue influence may execute a valid electronic trust instrument consistent with the settlor's intent. If an electronic trust instrument is electronically signed by the settlor and is maintained as an electronic record or as a complete converted copy in compliance with the rules of this chapter, the normal presumptions that apply to a traditional paper trust instrument apply to the electronic trust instrument.
As added by P.L.40-2018, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-2. Exclusive Authority; Application of Other Statutes

Sec. 2. (a) Except as provided in subsections (b) and (c), electronic trust instruments are exclusively governed by this chapter.
(b) This chapter does not apply to an entity, arrangement, or relationship that:
(1) is or may be described as a trust; and
(2) is excluded from IC 30-4 under IC 30-4-1-1(c).
(c) The execution, amendment, and revocation of an electronic testamentary trust shall be governed by IC 29-1-21 during the lifetime of a testator or settlor who creates, has created, or intends to create an electronic testamentary trust.
(d) If this chapter does not provide an explicit definition, form, rule, or statute concerning an issue pertaining to electronic trust instruments, applicable statutes from this article that apply to traditional paper trust instruments control.
As added by P.L.40-2018, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-5. Amendment of Electronic Inter Vivos Trust; Restatement of Electronic Inter Vivos Trust; Electronic Signature

Sec. 5. (a) If a settlor creates an inter vivos trust or amends or restates the trust by electronically signing an electronic trust instrument, the person named as trustee may:
(1) electronically sign the electronic record for the electronic trust instrument at or about the same time as the settlor's electronic signature;
(2) electronically sign:
(A) a separate electronic record referring to the electronic trust instrument, its date, and the name of the settlor; and
(B) a statement that explicitly accepts:
(i) the appointment as trustee; and
(ii) the trust's terms;
(3) make an ordinary signature on a complete converted copy of the electronic trust instrument in order to signify the person's acceptance of the trust's terms and the person's appointment as trustee; or
(4) make an ordinary signature on a separate written acceptance.
(b) Except as provided in subsection (d), a person named as trustee who exercises powers or performs duties under the trust is presumed to have accepted the trust.
(c) The person named as trustee may reject the trust in writing or in an electronically signed document. A person named as trustee who rejects a trust in the manner described in this subsection will incur no liability. If, after being informed of the named person's appointment as trustee, the named person does not:
(1) expressly accept the trust; or
(2) exercise powers or perform duties under the trust within a reasonable time;
the named person shall be presumed to have rejected the trust.
(d) If there is an immediate risk of damage to the trust estate, the person named as trustee may act to preserve the trust estate and will not be presumed to have accepted the trust if the named person delivers a written or electronically signed rejection, at the time of or shortly after the person acts, to:
(1) the settlor;
(2) the beneficiary; or
(3) the court having jurisdiction over the administration of the trust estate.
As added by P.L.40-2018, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-8. Delivery of Electronic Trust Following Death of Settlor

Sec. 8. (a) After a settlor's death becomes known to a custodian or other person in possession or control of the electronic record associated with the settlor's electronic trust instrument, or a complete converted copy of the settlor's electronic trust instrument, the custodian or other person in possession of an item described in section 7(a)(1) or 7(a)(2) of this chapter shall deliver the item to one (1) of the following persons in decreasing order of priority:
(1) A person already serving as trustee of the trust.
(2) A person nominated in the electronic trust instrument as a successor trustee and who has priority under the terms of the trust to accept appointment and to serve as trustee.
(3) The surviving spouse of the settlor.
(4) A living adult child of the settlor.
(5) A living parent of the settlor.
(6) A living adult sibling of the settlor.
(7) A beneficiary named or defined in the electronic trust instrument and entitled to a share of the trust's principal assets or income.
(8) The clerk of the probate court that would have subject matter jurisdiction of the settlor's estate based on the custodian's or other person's knowledge of the settlor's domicile or the location of the property of the settlor at the time of the settlor's death.
A custodian or other person in possession of an item described in section 7(a)(1) or 7(a)(2) of this chapter may use any commercially reasonable method of delivery to accomplish the requirements of this section.
(b) If a custodian or other person has possession of both the electronic record for a deceased settlor's electronic trust instrument and a complete converted copy of the same electronic trust instrument, the custodian or other person shall deliver both to an authorized person who:
(1) is described in subsection (a); or
(2) is specified in written instructions left by the settlor.
If the custodian or other person delivers the electronic trust instrument to the clerk of the probate court under subsection (a)(8), the custodian or other person shall deliver only a complete converted copy of the electronic trust instrument to the clerk, unless the court rules or other applicable laws explicitly require otherwise.
As added by P.L.40-2018, SEC.3. Amended by P.L.10-2019, SEC.119.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-9. "Destroy"; Destruction of Electronic Trust Instrument

Sec. 9. (a) As used in this section, "destroy" means any action that:
(1) permanently deletes the electronic record associated with an electronic trust instrument; or
(2) renders the electronic record associated with an electronic trust instrument unreadable and nonretrievable.
(b) Any custodian or attorney holding an electronic trust instrument may destroy the electronic record associated with the electronic trust instrument and any accompanying document integrity evidence at any time after the:
(1) fifth anniversary of any will belonging to the settlor is admitted to probate;
(2) fifth anniversary of the date on which the custodian ceases to have custody of the electronic trust instrument;
(3) tenth anniversary of the settlor's death;
(4) one hundredth anniversary of the execution of the electronic trust instrument; or
(5) valid revocation of the electronic trust instrument.
(c) Notwithstanding subsection (b), this section does not require a custodian, attorney, or other person in possession of a complete converted copy of an electronic trust instrument to destroy the complete converted copy of the electronic trust instrument.
As added by P.L.40-2018, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-11. Prima Facie Evidence of Validity

Sec. 11. (a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic trust instrument to other custodians, other authorized persons, or to the settlor:
(1) the electronic record, including any accompanying document integrity evidence (if applicable) is prima facie evidence of:
(A) the validity of the electronic trust instrument; and
(B) freedom from unauthorized alteration or tampering unless evidence of alteration or tampering is evident on the face of the electronic record;
(2) a complete converted copy of an electronic trust instrument is prima facie evidence of:
(A) the validity of the electronic trust instrument; and
(B) freedom from unauthorized alteration or tampering;
if the electronic trust instrument was executed in compliance with this chapter; and
(3) except when required by an order of the court, a custodian or other person is not required to make or issue an affidavit regarding the custodian's or other person's custody of the electronic record for an electronic trust instrument or custody of a complete converted copy of the electronic trust instrument. Any custodian or other person may, however, make an affidavit of regularity under section 10 of this chapter if any objection is asserted or any doubt is raised concerning the validity of the electronic trust instrument or about any alleged unauthorized alteration of or tampering with the electronic trust instrument.
(b) The presumption of:
(1) validity; and
(2) freedom from unauthorized alteration or tampering;
described in subsection (a) may be rebutted by clear and convincing evidence of the settlor's execution of another electronic trust instrument or traditional paper trust instrument at a later date.
As added by P.L.40-2018, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-12. Filing of Electronic Trust Instrument

Sec. 12. Any interested person who petitions or otherwise seeks to docket an electronic trust instrument under IC 30-4-6 may file with the clerk of the court a complete converted copy of the electronic trust instrument.
As added by P.L.40-2018, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 1.5. Electronic Trust Instruments › 30-4-1.5-13. "Digital Asset"; "Electronic Communication"; "Custodian"; "User"; "Transaction"

Sec. 13. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39:
(1) the electronic record for an electronic trust instrument is a "digital asset" as defined in IC 32-39-1-10;
(2) the electronic record for an electronic trust instrument is not an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;
(3) the digital or electronic transfer of an electronic record for an electronic trust instrument between any two (2) persons other than the settlor and the settlor's attorney is an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;
(4) a custodian of an electronic trust instrument is also a "custodian" as defined in IC 32-39-1-8; and
(5) the:
(A) settlor of an electronic trust instrument;
(B) trustee of a trust; or
(C) attorney representing the settlor, trustee, or another person with authorized possession of or authorized access to the electronic record for an electronic trust instrument;
is a "user" for purposes of IC 32-39 if the settlor, trustee, attorney, or other authorized person contracts with another person to store the electronic record for the electronic trust instrument.
(b) The execution or revocation of an electronic trust instrument may be a contract of a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-sign Act (15 U.S.C. 7001).
(c) The execution or revocation of an electronic trust instrument is subject to IC 26-2-8 unless there is a conflict between IC 26-2-8 and any provision contained in this article. In the event of a conflict between IC 26-2-8 and a provision of this article, the provision in this article shall control.
As added by P.L.40-2018, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-1.5. Trust Not Created by Will; Requirements

Sec. 1.5. (a) Except as provided in subsection (b), a trust that is not created by a will is validly created if the trust's creation complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation:
(1) the settlor was domiciled, had a place of abode, or was a national;
(2) a trustee was domiciled or had a place of business; or
(3) any trust property is located.
(b) A valid trust must be:
(1) in writing; and
(2) signed by:
(A) the settlor; or
(B) an agent of the settlor who is an attorney in fact.
As added by P.L.238-2005, SEC.22.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-2. Acceptance by Trustee

Sec. 2. (a) This section applies to the acceptance of a trust by a person named as trustee.
(b) The appearance of the named person's signature on the writing which is the evidence of the trust or on a separate written acceptance will be conclusive that the named person accepted the trust.
(c) Except as provided in subsection (e), if the named person exercises powers or performs duties under the trust, the named person will be presumed to have accepted the trust.
(d) The named person may reject the trust in writing and, if the named person does so, will incur no liability. If, after being informed that the named person has been named as trustee, the named person neither expressly accepts the trust nor exercises powers or performs duties under the trust within a reasonable time, the named person will be presumed to have rejected the trust.
(e) If there is an immediate risk of damage to the trust estate, the named person may act to preserve the trust estate and will not be presumed to have accepted the trust, provided the named person delivers a written rejection to the settlor at or within a reasonable time after the named person acts, or, if the settlor is dead, to the beneficiary or the court having jurisdiction over the administration of the trust estate.
Formerly: Acts 1971, P.L.416, SEC.3. As amended by P.L.238-2005, SEC.23.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-3. Repealed

Formerly: Acts 1971, P.L.416, SEC.3. As amended by Acts 1979, P.L.269, SEC.2. Repealed by P.L.293-1983, SEC.2.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-5. Life Insurance Trusts

Sec. 5. (Life Insurance Trusts)
Proceeds of life insurance policies heretofore made payable to a trustee or trustees named as beneficiary or hereafter to be named beneficiary under an inter vivos trust shall be paid directly to the trustee or trustees and held and disposed of by the trustee or trustees as provided in the trust agreement or declaration of trust in writing made and in existence on the date of death of the insured, whether or not such trust or declaration of trust is amendable or revocable or both, or whether it may have been amended, and notwithstanding the reservation of any or all rights of ownership under the insurance policy or annuity contract; subject, however, to a valid assignment of any part of the proceeds. It is not necessary to the validity of such trust agreement or declaration of trust that it be funded or have a corpus other than the right, which need not be irrevocable, of the trustee or trustees named therein to receive such proceeds as beneficiary. A policy of life insurance or annuity contract may designate as beneficiary a trustee or trustees named or to be named by will if the designation is made in accordance with the provisions of the policy or contract whether or not the will is in existence at the time of the designation.
Formerly: Acts 1971, P.L.416, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-6. Nature of Trustee's Estate

Sec. 6. (Nature of the Trustee's Estate)
(a) The trustee takes the title to the trust property.
(b) The extent of the trustee's estate in the trust property is limited to that which is necessary to enable him to perform the trust.
Formerly: Acts 1971, P.L.416, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-7. Nature of Beneficiary's Estate

Sec. 7. (Nature of the Beneficiary's Estate)
(a) The beneficiary takes an equitable interest in the trust property.
(b) The extent of the beneficiary's estate shall be determined from the terms of the trust. The Rule in Shelley's Case and the Doctrine of Worthier Title shall not be applied to determine the meaning or application of the terms.
(c) Except as provided in 30-4-2-14, if, under the terms of the trust, the trustee is required at some time to distribute real property from the trust estate to a beneficiary, that beneficiary's equitable interest is real property. In all other cases the beneficiary's interest is personal property.
Formerly: Acts 1971, P.L.416, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-8. Merger of Estates

Sec. 8. (a) If the settlor transfers both the title and the entire equitable interest in property to the same person as both the sole trustee and the sole beneficiary, no trust will be deemed to have been created and the transferee shall treat the property as the transferee's own.
(b) Except as provided in subsection (c), if the title to the trust property and the entire beneficial interest becomes united in one (1) person the trust terminates. If:
(1) a beneficiary is serving as trustee; and
(2) the trust creates an interest in a beneficiary who is not the trustee, whether the interest is contingent or vested;
the entire beneficial interest shall not be construed to be united in one (1) person.
(c) The title to the trust property and the entire beneficial interest shall not become united in a beneficiary whose interest is protected under a trust with protective provisions, and in that case the court shall appoint a new trustee to administer the trust for the beneficiary's benefit.
Formerly: Acts 1971, P.L.416, SEC.3. As amended by P.L.200-1991, SEC.2.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-9. Necessity of Powers or Duties

Sec. 9. (Necessity of Powers or Duties)
Subject to 30-4-2-13, if the trustee has neither a power nor a duty related to the administration of the trust, the title to the trust property will be treated as having vested directly in the beneficiary on the date of delivery to the trustee.
Formerly: Acts 1971, P.L.416, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-10. Capacity of Settlor

Sec. 10. (a) If a trust is created by a will, the settlor's capacity that is required to create the trust is determined by the applicable probate law.
(b) The capacity of a settlor that is required to create, amend, revoke, or add property to a revocable trust is the same as the capacity of a testator that is required to make a will.
(c) To create or add property to an irrevocable trust, the settlor or transferor must be of sound mind and have a reasonable understanding of the nature and effect of the act and the terms of the trust.
(d) To direct the actions of the trustee of a trust, the settlor or other person must:
(1) have the capacity to hold and deal with property for the settlor's or person's own benefit;
(2) be at least eighteen (18) years of age; and
(3) be of sound mind.
Formerly: Acts 1971, P.L.416, SEC.3. As amended by P.L.238-2005, SEC.24.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-11. Capacity of Trustee

Sec. 11. (a) If the trustee is a natural person, the trustee must have the capacity to take, hold, and deal with property for the trustee's own benefit and must be at least eighteen (18) years of age, be of sound mind and of good moral character.
(b) If the trustee is a corporation, it must have the power to take, hold, and deal with property for its own benefit and have the power to act as a trustee.
(c) Subject to section 8 of this chapter, the fact that the person named to be trustee is also a beneficiary will not disqualify the person from acting as trustee if the person is otherwise qualified.
Formerly: Acts 1971, P.L.416, SEC.3; Acts 1973, P.L.293, SEC.6. As amended by P.L.86-2018, SEC.214.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-12. Illegality

Sec. 12. (Illegality)
(a) The terms of the trust may not require the trustee to commit a criminal or tortious act or an act which is contrary to public policy.
(b) A trust with terms which violate subsection (a) of this section is invalid unless the prohibited term is separable. If the prohibited term is separable, only it is invalid and the remainder of the trust is valid.
Formerly: Acts 1971, P.L.416, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-13. Application of Statute of Uses

Sec. 13. (Application of Statute of Uses)
If the trust property includes real property, and, under the terms of the trust,
(a) The beneficiary has the power to manage the trust property, including the power to direct the trustee to sell the property; and
(b) The trustee may sell the trust property only on direction by the beneficiary or other person or may sell it after a period of time stipulated in the terms of the trust in the absence of a direction:
then 30-4-2-9 shall not apply to defeat the trustee's title.
Formerly: Acts 1971, P.L.416, SEC.3. As amended by Acts 1979, P.L.268, SEC.8.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-14. Assignment of Beneficiary's Interest

Sec. 14. (Assignment of Beneficiary's Interest)
(a) If the terms of the trust give the trustee the power to sell the trust property upon direction by the beneficiary or other person or to sell it after a stipulated period of time in the absence of a direction as provided in 30-4-2-13, the beneficiary may treat his interest as personal property and may assign it to any person notwithstanding the provisions of 30-4-2-7(c).
(b) The trustee will be bound by an assignment made under subsection (a) of this section only after he receives written notice of it.
Formerly: Acts 1971, P.L.416, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-15. Divorce or Annulment of Marriage; Effect on Revocable Trust

Sec. 15. (a) This section does not apply to a trust:
(1) that is irrevocable on the date of a divorce or an annulment; or
(2) created by:
(A) the settlor and the settlor's spouse or former spouse under a written agreement with each other that requires the creation of the trust; or
(B) a court order.
(b) If, after creating a revocable trust, the settlor is divorced or the marriage of the settlor to the settlor's spouse is annulled, the settlor's former spouse shall for the purposes of the trust be treated as if the spouse had died before the settlor died.
As added by P.L.200-1991, SEC.3.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-16. Election by Surviving Spouse to Take Share Against Settlor's Will; Distribution of Remainder

Sec. 16. (a) This section applies to:
(1) property in a trust that is subject to a spouse's right of election under IC 29-1-3; and
(2) a trust that receives property from the settlor's estate;
if the settlor's spouse files an effective election to take a share of the settlor's estate against the settlor's will under IC 29-1-3.
(b) The trustee shall dispose of the assets received from the settlor's estate and the portion of the trust remaining after the spouse's election as if the settlor's spouse had died before the settlor died.
As added by P.L.200-1991, SEC.4.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-17. Valid Purposes of Charitable Trust; Selection of Purpose or Beneficiary if Not Specified by Trust

Sec. 17. (a) A charitable trust may be created for the following purposes:
(1) The relief of poverty.
(2) The advancement of education or religion.
(3) The promotion of health.
(4) Governmental and municipal purposes.
(5) A purpose that is beneficial to the community.
(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select at least one (1) charitable purpose or beneficiary. The selection must be consistent with the settlor's intention to the extent the intention can be ascertained.
(c) The settlor of a charitable trust, among other persons, may maintain a proceeding to enforce the charitable trust.
As added by P.L.238-2005, SEC.25.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-18. Trust for Care of Animal

Sec. 18. (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime.
(b) A trust authorized by this section terminates as follows:
(1) If the trust is created to provide for the care of one (1) animal alive during the settlor's lifetime, the trust terminates on the death of the animal.
(2) If the trust is created to provide for the care of more than one (1) animal alive during the settlor's lifetime, the trust terminates on the death of the last surviving animal.
(c) A trust authorized by this section may be enforced by the following:
(1) A person appointed in the terms of the trust.
(2) A person appointed by the court, if the terms of the trust do not appoint a person.
(d) A person having an interest in the welfare of an animal for whose care a trust is established may request the court to:
(1) appoint a person to enforce the trust; or
(2) remove a person appointed to enforce the trust.
(e) Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use.
(f) Except as provided in the terms of the trust, property not required for the trust's intended use must be distributed to the following:
(1) The settlor, if the settlor is living.
(2) The settlor's successors in interest, if the settlor is deceased.
As added by P.L.238-2005, SEC.26.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2. Rules Governing the Creation of Trusts › 30-4-2-19. Trust for Noncharitable Purpose

Sec. 19. (a) Except as provided in section 18 of this chapter, a trust may be created for a:
(1) noncharitable purpose without a beneficiary; or
(2) noncharitable and valid purpose to be selected by the trustee.
(b) A trust authorized by this section may be enforced for not more than twenty-one (21) years.
(c) A trust authorized by this section may be enforced by the following:
(1) A person appointed in the terms of the trust.
(2) A person appointed by the court, if the terms of the trust do not appoint a person.
(d) Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use.
(e) Except as provided in the terms of the trust, property not required for the trust's intended use must be distributed to the following:
(1) The settlor, if the settlor is living.
(2) The settlor's successors in interest, if the settlor is deceased.
As added by P.L.238-2005, SEC.27.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-1. Construction

Sec. 1. In the absence of a contrary intent appearing in the trust, a trust shall be construed in accordance with the rules in this chapter.
As added by P.L.4-2003, SEC.7.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-2. Adopted Children

Sec. 2. (a) Except as provided in subsection (b), in construing a trust naming as beneficiary a person described by relationship to the settlor or to another, a person adopted before:
(1) the person is twenty-one (21) years of age; and
(2) the death of the settlor;
shall be considered the child of the adopting parent or parents and not the child of the natural or previous adopting parents.
(b) If a natural parent or previous adopting parent marries the adopting parent before the settlor's death, the adopted person shall also be considered the child of the natural or previous adopting parent.
(c) A person adopted by the settlor after the person becomes twenty-one (21) years of age shall be considered the child of the settlor. However, no other person is entitled to establish the relationship to the settlor through the child.
As added by P.L.4-2003, SEC.7.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-3. No Contest Provision Enforceable; Exceptions

Sec. 3. (a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision.
(b) Subsection (a) does not apply to the following proceedings:
(1) An action brought by a beneficiary if good cause is found by a court.
(2) An action brought by a trustee or other fiduciary serving under the terms of the trust that incorporates a no contest provision, unless the trustee or other fiduciary is a beneficiary against whom the no contest provision is otherwise enforceable.
(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 trust.
(4) An action to determine whether a proposed or pending motion or proceeding constitutes a contest.
(5) An action brought by or on behalf of a beneficiary to seek a ruling regarding the construction or interpretation of a trust.
(6) An action or objection brought by a beneficiary, executor, or other fiduciary that seeks a ruling on proposed distributions, fiduciary fees, or any other matter where a court has discretion, including actions under IC 30-4-3-22.
(7) An action brought by the attorney general that:
(A) seeks a ruling regarding the construction or interpretation of:
(i) a charitable trust or a trust containing a charitable interest; or
(ii) a no contest provision contained in a trust that purports to penalize a charity or charitable interest; or
(B) institutes any other proceedings relating to a trust if good cause is shown to do so.
As added by P.L.4-2003, SEC.7. Amended by P.L.163-2018, SEC.14.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-4. Children Born After Trust's Creation

Sec. 4. (a) Except as provided in subsection (b) and section 5 of this chapter, when a settlor fails to provide in the settlor's trust for a child who is:
(1) born or adopted after the making of the settlor's trust; and
(2) born before or after the settlor's death;
the child is entitled to receive a share in the trust assets. The child's share of the trust assets shall be determined by ascertaining what the child's intestate share would have been under IC 29-1-2-1 if the settlor had died intestate. The child is entitled to receive a share of the trust assets equivalent in value to the intestacy share determined under IC 29-1-2-1.
(b) Subsection (a) does not apply to a child of the settlor if:
(1) it appears from the trust that the settlor intentionally failed to provide in the settlor's trust for the child; or
(2) the settlor:
(A) had at least one (1) child known to the settlor to be living when the trust was executed; and
(B) devised substantially all of the settlor's trust assets to the settlor's surviving spouse.
As added by P.L.4-2003, SEC.7. Amended by P.L.231-2019, SEC.23.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-5. Mistaken Belief That Settlor's Child Deceased

Sec. 5. (a) Except as provided in subsection (b), if, at the time of the making of the trust, the settlor:
(1) believes a child of the settlor to be dead; and
(2) fails to provide for the child in the settlor's trust;
the child is entitled to receive a share in the trust assets. The child's share of the trust assets shall be determined by ascertaining what the child's intestate share would have been under IC 29-1-2-1 if the settlor had died intestate. The child is entitled to receive a share of the trust assets equivalent in value to the intestacy share determined under IC 29-1-2-1.
(b) Subsection (a) does not apply to a child of the settlor if it appears from the trust or from other evidence that the settlor would not have devised anything to the child had the settlor known that the child was alive.
As added by P.L.4-2003, SEC.7.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-6. Void, Revoked, or Lapsed Devise

Sec. 6. If a devise of real or personal property, not included in the residuary clause of the trust:
(1) is void;
(2) is revoked; or
(3) lapses;
the devise becomes a part of the residue and passes to the residuary beneficiary.
As added by P.L.4-2003, SEC.7.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-7. Beneficiary Predeceases Settlor

Sec. 7. (a) As used in this section, "descendant" includes the following:
(1) A child adopted before the child is twenty-one (21) years of age by:
(A) the settlor; or
(B) the settlor's descendants.
(2) A descendant of a child adopted as set forth in subdivision (1).
(3) A child who is born of the mother out of wedlock in either of the following circumstances:
(A) The mother is a descendant of the settlor.
(B) The mother is the settlor.
(4) If the right of a child born out of wedlock to inherit from the father is or has been established in the manner provided under IC 29-1-2-7, the child, in either of the following circumstances:
(A) The father is a descendant of the settlor.
(B) The father is the settlor.
(5) A descendant of a child born out of wedlock as set forth in subdivisions (3) and (4).
(b) If:
(1) an estate, real or personal, is devised to a descendant of the settlor; and
(2) the beneficiary:
(A) dies during the lifetime of the settlor before or after the execution of the trust; and
(B) leaves a descendant who survives the settlor;
the devise does not lapse, but the property devised vests in the surviving descendant of the beneficiary as if the beneficiary had survived the settlor and died intestate.
As added by P.L.4-2003, SEC.7.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-8. Kindred of the Half Blood

Sec. 8. Kindred of the half blood are entitled to receive the same trust interest that they would have received if they had been of the whole blood.
As added by P.L.4-2003, SEC.7.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-9. Applicability of Adultery and Abandonment Forfeiture Provisions

Sec. 9. A trust of a deceased spouse is subject to the following:
(1) IC 29-1-2-14.
(2) IC 29-1-2-15.
As added by P.L.238-2005, SEC.28.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-11. Written Statement or List Disposing of Tangible Personal Property

Sec. 11. (a) A written statement or list that:
(1) complies with this section; and
(2) is referred to in a settlor's trust that was revocable during the settlor's lifetime;
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 trust.
(b) To be admissible under this section as evidence of the intended disposition, the writing must be signed by the settlor and must describe the items and the beneficiaries with reasonable certainty. The writing may be prepared before or after the execution of the trust. The writing may be altered by the settlor after the writing is prepared. The writing may have no significance apart from the writing's effect on the dispositions made by the trust.
(c) 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.
As added by P.L.238-2005, SEC.29.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-11.1. Trust Referencing Writing; Effect to Be Given to Writing

Sec. 11.1. Except as provided in section 11 of this chapter, if a trust refers to a writing of any kind, the referenced writing, whether subsequently amended or revoked, as it existed at the time of the execution of the trust, shall be given the same effect as if set forth at length in the trust, if the referenced writing is clearly identified in the trust and is in existence at the time of the execution of the trust.
As added by P.L.81-2015, SEC.19.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-12. Order of Abatement; Other Rules Governing Abatement

Sec. 12. (a) If a trust is terminated or partially terminated and the available trust property is not sufficient to fully satisfy the interests of all beneficiaries, the interests must be abated in the following order:
(1) The interests that would be characterized as residuary devises if the trust were a will.
(2) The interests that would be characterized as general devises if the trust were a will.
(3) The interests that would be characterized as specific devises if the trust were a will.
The amount abated for each beneficiary within each classification described in subdivisions (1) through (3) must be proportional to the amount of property that each beneficiary would have received if full distribution of the trust property had been made in accordance with the terms of the trust instrument.
(b) If:
(1) a trust instrument expresses an order of abatement that differs from the order set forth in subsection (a); or
(2) the order of abatement stated in subsection (a) would impair an express or implied purpose of the trust;
the interests of the beneficiaries must be abated in the manner determined appropriate to give effect to the settlor's intent.
(c) If, under the terms of a trust that was revocable at the time of the settlor's death, the subject of a preferred devise is sold or used to pay debts, expenses, taxes, or other obligations incident to the settlement of the settlor's affairs, abatement must be achieved by adjustment in, or contribution from, other interests in the remaining trust property.
(d) Where applicable, the abatement of beneficiary interests in a trust is subject to IC 32-17-13-4.
As added by P.L.101-2008, SEC.8.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-14. Rules of Interpretation Concerning Discretionary Interests

Sec. 14. (a) The following rules apply only to discretionary interests (as defined in section 14.5 of this chapter):
(1) A discretionary interest is a mere expectancy that is neither a property interest nor an enforceable right.
(2) A creditor may not:
(A) require a trustee to exercise the trustee's discretion to make a distribution; or
(B) cause a court to foreclose a discretionary interest.
(3) A court may review a trustee's distribution discretion only if the trustee acts dishonestly or with an improper motive.
(b) Words such as sole, absolute, uncontrolled, or unfettered discretion dispense with the trustee acting reasonably.
(c) Absent express language to the contrary, if the distribution language in a discretionary interest permits unequal distributions between beneficiaries or distributions to the exclusion of other beneficiaries, a trustee may, in the trustee's discretion, distribute all of the accumulated, accrued, or undistributed income and principal to one (1) beneficiary to the exclusion of the other beneficiaries.
(d) Regardless of whether a beneficiary has any outstanding creditors, a trustee of a discretionary interest may directly pay any expense on behalf of the beneficiary and may exhaust the income and principal of the trust for the benefit of the beneficiary. A trustee is not liable to a creditor for paying the expenses of a beneficiary who holds a discretionary interest.
As added by P.L.6-2010, SEC.14. Amended by P.L.36-2011, SEC.7; P.L.6-2012, SEC.202.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-14.5. "Discretionary Interest"; Rules of Construction

Sec. 14.5. (a) As used in this section and section 14 of this chapter, "discretionary interest" refers to any interest over which the trustee has any discretion to make or withhold a distribution.
(b) A discretionary interest may be evidenced by permissive language such as "may make distributions" or may be evidenced by mandatory distribution language that is negated by the discretionary language of the trust such as "the trustee shall make distributions in the trustee's sole and absolute discretion".
(c) An interest that includes distribution language that appears mandatory but is subsequently qualified by discretionary distribution language is considered a discretionary interest.
(d) Trust provisions that create discretionary interests include the following examples:
(1) "The trustee may, in the trustee's sole and absolute discretion, make distributions for health, education, maintenance, and support.".
(2) "The trustee shall, in the trustee's sole and absolute discretion, make distributions for health, education, maintenance, and support.".
(3) "The trustee may make distributions for health, education, maintenance, and support.".
(4) "The trustee shall make distributions for health, education, maintenance, and support. The trustee may exclude any beneficiary or make unequal distributions among the beneficiaries.".
(5) "The trustee may make distributions for health, education, maintenance, support, comfort, and general welfare.".
As added by P.L.36-2011, SEC.8.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-15. Rules of Interpretation Concerning a Beneficiary's Influence Over a Trust

Sec. 15. If a party challenges a settlor or a beneficiary's influence over a trust, none of the following factors, alone or in combination, may be considered dominion and control over a trust:
(1) A beneficiary serving as a trustee or co-trustee.
(2) The settlor or beneficiary holds an unrestricted power to remove or replace a trustee.
(3) The settlor or a beneficiary:
(A) is a trust administrator, a general partner of a partnership, a manager of a limited liability company, or an officer of a corporation; or
(B) has any other managerial function in any other entity;
that is owned in whole or in part by the trust.
(4) A person related by blood or adoption to a settlor or beneficiary is appointed as trustee.
(5) An agent, accountant, attorney, financial adviser, or friend of the settlor or a beneficiary is appointed as trustee.
(6) A business associate of the settlor or a beneficiary is appointed as trustee.
(7) A beneficiary holds any power of appointment over part or all of the trust property.
(8) The settlor holds a power to substitute property of equivalent value.
(9) The trustee may loan trust property to the settlor for less than a full and adequate rate of interest or without adequate security.
(10) The trust contains broad purposes or highly discretionary distribution language.
(11) The trust has only one (1) beneficiary eligible for current distributions.
As added by P.L.6-2010, SEC.15.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-16. Rules of Interpretation Concerning a Trustee's Independence From the Settlor

Sec. 16. Absent clear and convincing evidence otherwise, a settlor of an irrevocable trust may not be considered the alter ego of a trustee. The following factors, alone or in combination, are not sufficient evidence to conclude that the settlor controls a trustee or is the alter ego of the trustee:
(1) Any combination of the factors listed in section 15 of this chapter.
(2) Isolated occurrences of the settlor signing checks, making disbursements, or executing other documents related to the trust as a trustee when the settlor is, in fact, not a trustee.
(3) Requesting a trustee to make distributions on behalf of a beneficiary.
(4) Requesting a trustee to hold, purchase, or sell any trust property.
As added by P.L.6-2010, SEC.16.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 2.1. Rules for Interpretation of Trusts › 30-4-2.1-17. Limits on Creditors of Beneficiaries Who May Replace or Remove a Trustee or Who Are Also Trustees or Co-Trustees

Sec. 17. (a) A creditor may not reach, exercise, or otherwise acquire an interest of a beneficiary or any other person who holds an unconditional or conditional removal or replacement power over a trustee. A power described in this subsection is personal to a beneficiary or other person and may not be exercised by the person's creditors. A court may not direct a person to exercise the power.
(b) A creditor may not:
(1) reach an interest of a beneficiary who is also a trustee or co-trustee; or
(2) otherwise compel a distribution to a beneficiary who is also a trustee or co-trustee.
(c) A court may not foreclose against an interest held by a beneficiary described in subsection (b).
As added by P.L.6-2010, SEC.17.
2023 Indiana Code › Title 30. Trusts and Fiduciaries › Article 4. Trust Code › Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust › 30-4-3-1. Repealed

Formerly: Acts 1971, P.L.416, SEC.4. Repealed by P.L.238-2005, SEC.63.