§ 30-4-1.5-11 — Prima facie evidence of validity

Indiana § 30-4-1.5-11

• Jurisdiction: Indiana
• Art. 4: TRUST CODE
• Ch. 1.5: Electronic Trust Instruments

Text

(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.

Legislative History

As added by P.L.40-2018, SEC.3.