This text of Indiana § 30-4-1.5-10 (Affidavit of regularity) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Whenever this chapter requires or permits
a custodian or other person to make an affidavit of regularity with
respect to an electronic trust instrument or a complete converted copy,
the custodian or other person responsible for the creation of the
affidavit of regularity may use the following format for the affidavit:
"Affidavit of Regularity for Electronic Trust Instrument
(1)Beginning on (insert date of first possession of the electronic
trust instrument by the signer of this affidavit) and continuing to
the date and time of this affidavit, the undersigned person has had
possession of (circle all of the following that apply):
(A)The electronic record for the electronic trust instrument.
(B)A complete converted copy of the electronic trust
instrument of (insert name of settlor), which
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Whenever this chapter requires or permits
a custodian or other person to make an affidavit of regularity with
respect to an electronic trust instrument or a complete converted copy,
the custodian or other person responsible for the creation of the
affidavit of regularity may use the following format for the affidavit:
"Affidavit of Regularity for Electronic Trust Instrument
(1) Beginning on (insert date of first possession of the electronic
trust instrument by the signer of this affidavit) and continuing to
the date and time of this affidavit, the undersigned person has had
possession of (circle all of the following that apply):
(A) The electronic record for the electronic trust instrument.
(B) A complete converted copy of the electronic trust
instrument of (insert name of settlor), which was electronically
executed on (insert date of electronic signing or insert reference
to time stamp).
(2) (Insert client number, customer number, document number, or
other unique identifier as applicable) is the unique identifier that
the undersigned person assigned to this electronic trust instrument
in the undersigned person's records.
(3) The undersigned person believes that the settlor (circle one the
following options):
(A) Is alive.
(B) Died on or about (insert date of death) and believes that the
trust is currently (circle one (1) of the following options):
(i) Revocable.
(ii) Irrevocable.
(4) The undersigned person is (circle all of the following that
apply):
(A) Transferring custody of the electronic record for the
electronic trust instrument to the living settlor of the electronic
trust instrument.
(B) Transferring custody of the electronic record for the
electronic trust instrument to (insert name and address of
successor custodian).
(C) Transferring a complete converted copy of the electronic
trust instrument to (insert name and address of authorized
recipient).
(D) Transferring a complete converted copy of the electronic
trust instrument to the clerk of the (insert name the court) that
would have subject matter jurisdiction over the trust.
(5) The undersigned person is transferring or submitting the
electronic record in the following format: (specify format).
(6) If the undersigned person is transferring or submitting the
electronic record for the electronic trust instrument, the
undersigned person affirms, under penalty of perjury, that the
electronic record has been in the undersigned person's possession
or control for the period stated in paragraph (1) and that during
this period, the electronic record showed no indication of
unauthorized alteration or tampering.
(7) The undersigned person affirms, under penalty of perjury, that
(circle one (1) of the following options):
(A) The undersigned person has no knowledge of the settlor's
later execution of any document that amends, revokes, or
supersedes the electronic trust instrument described in
paragraph (1).
(B) The undersigned believes that the settlor purportedly
amended or revoked the electronic trust instrument described
in paragraph (1) on (insert date if known or approximate time
frame if date is not known), by (insert known details concerning
the settlor's amendment or revocation).
(8) The undersigned person is (circle all of the following that
apply):
(A) The living settlor who executed the electronic trust
instrument.
(B) An attorney admitted to practice law in the state of Indiana.
(C) A currently serving trustee named in or appointed under the
terms of the trust.
(D) An attorney in fact or other person acting on written
authority of the settlor.
(E) A successor trustee nominated in the electronic trust
instrument.
(F) An interested person with respect to the administration of
the trust.
(G) A custodian currently in compliance with all applicable
requirements under IC 29-1-21-10.
(9) (Insert date and time of custodian or other person's signature).
(10) (Insert name and signature of custodian or other person
signing. Insert job title or position of signatory if signatory is not
an individual (natural person).".