Title 30, TRUSTS AND FIDUCIARIES

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 pers…

Sec. 13. IC 29-1-2-12.1 applies to a trust. As added by P.L.238-2005, SEC.20.

Sec. 2. As used in this article: (1) "Adult" means any person eighteen (18) years of age or older. (2) "Affiliate" means a parent, descendant, spouse, spouse of a descendant, brother, sister, spouse of a brother or sister, employee, director, officer, partner, joint venturer, a c…

Sec. 3. (Application and Interpretation of the Rules of Law and the Terms of the Trust) The rules of law contained in this article shall be interpreted and applied to the terms of the trust so as to implement the intent of the settlor and the purposes of the trust. If the rules o…

Sec. 4. (a) Except as provided elsewhere in this article, the rules of law contained in this article shall apply to all trusts created prior to September 2, 1971, unless to do so would: (1) adversely affect a right given to any beneficiary; (2) give a right to any beneficiary whi…

Sec. 5. (Construction of Pronouns) A pronoun used in this article may be construed, unless the context requires otherwise, without regard to gender or whether the person or thing to which it refers is animate or inanimate. Formerly: Acts 1971, P.L.416, SEC.2.

Sec. 6. (Construction of Singular Number) Any word appearing in the singular number in this article may be construed as plural, unless the context requires otherwise. Formerly: Acts 1971, P.L.416, SEC.2.

Sec. 7. The report of the Trust Code Study Commission made according to IC 2-5-11 (repealed) may be consulted by the courts to determine the reasons, purpose and policies of this article, and may be used as a guide to its construction and application. Formerly: Acts 1971, P.L.416…

Sec. 8. If a trust creating a power of appointment expressly requires that the power be exercised by a reference, an express reference, or a specific reference to the power or its source, it is presumed that the settlor's intention, in requiring that the grantee exercise the powe…

Sec. 9. A trust shall not operate as to the exercise of a power of appointment, which the settlor may have with respect to any real or personal property, unless by its terms the trust specifically indicates that the settlor intended to exercise the power. As added by P.L.252-2001…

Sec. 1. This article applies to all powers of attorney created after June 30, 1991. As added by P.L.149-1991, SEC.2.

Sec. 2. This article applies to all powers of attorney created before July 1, 1991, unless the application of this article would cause one (1) of the following to occur: (1) An adverse effect on a right given a principal or an attorney in fact. (2) The extension of a right not in…

Sec. 1. Whenever any trust, or any decedent's estate, or any property subject to the control of any executor, administrator, trustee, guardian or other fiduciary shall consist, in whole or in part, of the corporate stock, bonds or other securities of any corporation, public or pr…

Sec. 2. Whenever any decedent's estate or any property subject to the control of any executor, administrator, or guardian, shall consist, in whole or in part, of securities of any corporation, public or private, which the fiduciary is required or authorized to sell and which are …

Sec. 1. (a) A trust in either real or personal property is enforceable only if there is written evidence of the terms of the trust bearing the signature of any of the following persons: (1) The settlor. (2) The settlor's authorized agent. (3) An adult who is not an ineligible per…

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 creati…

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 …

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 corporati…

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. …

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 …

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-…

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; o…

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 es…

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 …

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, t…

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 …

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 t…

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 …

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.

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 …

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…

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 trus…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.149-1991, SEC.2.

Sec. 1.5. "Account", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-6.5(a)(1). As added by P.L.231-2019, SEC.33.

Sec. 1.8. "All other matters", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-19. As added by P.L.231-2019, SEC.34.

Sec. 10. "Trusted contact person", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-6.5(a)(5). As added by P.L.231-2019, SEC.37.

Sec. 2. "Attorney in fact" means the person designated to act for the principal under a power of attorney. The term includes any of the following: (1) The original attorney in fact. (2) A co-attorney in fact. (3) A successor attorney in fact. (4) A person to whom an attorney in f…

Sec. 2.3. "Catalogue of electronic communications" has the meaning set forth in IC 32-39-1-5. As added by P.L.137-2016, SEC.9.

Sec. 2.7. "Content of an electronic communication" has the meaning set forth in IC 32-39-1-6. As added by P.L.137-2016, SEC.10.

Sec. 3. "Court" means the court having probate jurisdiction. As added by P.L.149-1991, SEC.2.

Sec. 3.5. "Digital asset" has the meaning set forth in IC 32-39-1-10. As added by P.L.137-2016, SEC.11.

Sec. 3.6. "Directed paralegal" means a nonlawyer assistant who is employed, retained, or otherwise associated with a licensed attorney or law firm and whose work is directly supervised by a licensed attorney, as required by Rule 5.3 of the Rules of Professional Conduct. As added …

Sec. 3.8. "Financial exploitation", for purposes of IC 30-5-5-6.5, has the meaning set forth in IC 30-5-5-6.5(a)(3). As added by P.L.231-2019, SEC.35.

Sec. 4. "Health care" means any medical care, treatment, service, or procedure to maintain, diagnose, treat, or provide for the principal's physical or mental well-being. The term includes the providing of nutrition and hydration through intravenous, endotracheal, or nasogastric …

Sec. 5. "Health care provider" means the physician who has primary responsibility for treating the principal and any other person administering health care to the principal who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the or…

Sec. 5.5. Notwithstanding IC 1-1-4-4 and IC 6-3-1-11, "Internal Revenue Code" means the Internal Revenue Code of 1986 of the United States as amended from time to time. As added by P.L.238-2005, SEC.47.