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Indiana Code Title 30. Trusts and Fiduciaries § 30-4-10-1

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 1. (a) This chapter applies to a trust created before, on, or after July 1, 2022, that:

(1) has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state;  or

(2) provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of:

(A) administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;

(B) construction of terms of the trust;  or

(C) determining the meaning or effect of terms of the trust.

(b) Except as provided in subsections (c) and (d), this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.

(c) This chapter does not:

(1) apply to a trust held solely for charitable purposes;

(2) limit the power of a trustee, powerholder, or other person to distribute or appoint property in further trust;

(3) limit the power to modify a trust under the trust instrument, law of this state other than this chapter, common law, a court order, or a nonjudicial settlement agreement;  or

(4) affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.  Such provisions in the trust instrument shall control over any applicable provision of this chapter.

(d) Subject to section 45 of this chapter, a trust instrument may restrict or prohibit exercise of the decanting power.

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Cite this article: FindLaw.com - Indiana Code Title 30. Trusts and Fiduciaries § 30-4-10-1 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-30-trusts-and-fiduciaries/in-code-sect-30-4-10-1/

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