§ 30-4-1.5-3 — Definitions

Indiana § 30-4-1.5-3

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

Text

The following terms are defined for this
chapter:
(1) "Affidavit of regularity" means an affidavit executed by a
custodian or other person under section 10 of this chapter with
respect to the electronic record for an electronic trust instrument
or a complete converted copy of an electronic trust instrument.
(2) "Complete converted copy" means a document in any format
that:
(A) can be visually perceived in its entirety on a monitor or
other display device;
(B) can be printed; and
(C) contains:
(i) the text of an electronic trust instrument; and
(ii) a readable copy of the document integrity evidence, if
any, that is or was part of or attached to the electronic trust
instrument.
(3) "Custodian" means a person other than:
(A) the settlor who executed the electronic trust instrument;
(B) an attorney;
(C) a person who is named in the electronic trust instrument as
a current trustee or successor trustee of the trust; or
(D) a person who is named or defined as a beneficiary in the
electronic trust instrument;
who has authorized possession or control of the electronic trust
instrument. The term may include an attorney in fact serving
under a living settlor's durable power of attorney who possesses
general authority over records, reports, statements, electronic
records, or estate planning transactions.
(4) "Custody" means the authorized possession and control of at
least one (1) of the following:
(A) A complete copy of the electronic record for the electronic
trust instrument.
(B) A complete converted copy of the electronic trust
instrument if the complete electronic record has been lost or
destroyed or if the electronic trust instrument has been revoked.
(5) "Document integrity evidence" means the part of the
electronic record for the electronic trust instrument that:
(A) is created and maintained electronically;
(B) includes digital markers showing that the electronic trust
instrument has not been altered after its initial execution by the
settlor;
(C) is logically associated with the electronic trust instrument
in a tamper evident manner so that any change made to the text
of the electronic trust instrument after its execution is visibly
perceptible when the electronic record is displayed or printed;
(D) will generate an error message, invalidate an electronic
signature, make the electronic record unreadable, or otherwise
display evidence that some alteration was made to the
electronic trust instrument after its execution; and
(E) displays the following information:
(i) The city and state in which, and the date and time at
which, the electronic trust instrument was executed by the
settlor.
(ii) The name of the settlor.
(iii) The name and address of another person, if any,
responsible for marking the settlor's electronic signature on
the electronic trust instrument at the settlor's direction and in
the actual presence of the settlor.
(iv) A copy of or a link to the electronic signature of the
settlor on the electronic trust instrument.
(v) A general description of the type of identity verification
evidence used to verify the settlor's identity.
(vi) The content of the cryptographic hash or unique code
used to complete the electronic record and make the
electronic trust instrument tamper evident if a public key
infrastructure or a similar secure technology was used to sign
or authenticate the electronic trust instrument and if the
vendor or the software for the technology makes inclusion
feasible.
Document integrity evidence may, but is not required to, contain
other information about the electronic trust instrument such as a
unique document number, client number, or other identifier that
an attorney or custodian assigns to the electronic trust instrument
or a link to a secure Internet web site where a complete copy of
the electronic trust instrument is accessible. The title, heading, or
label, if any, that is assigned to the document integrity evidence
(such as "certificate of completion", "audit trail", or "audit log")
is immaterial.
(6) "Electronic" has the meaning set forth in IC 26-2-8-102.
(7) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the
following:
(A) The document integrity evidence associated with the
electronic trust instrument.
(B) The identity verification evidence of the settlor who
executed the electronic trust instrument.
(8) "Electronic signature" has the meaning set forth in IC 26-2-8-102.
(9) "Electronic trust instrument" means a trust instrument for an
inter vivos trust created by a settlor or other person that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the settlor or other
person creating the trust; and
(C) contains the date and time of the electronic signature of the
settlor or other person creating the trust.
The term includes an amendment to or a restatement of a
revocable trust instrument when the amendment or restatement is
executed in accordance with the requirements of section 6 of this
chapter.
(10) "Executed" means the signing of an electronic trust
instrument. The term includes the use of an electronic signature.
(11) "Identity verification evidence" means either:
(A) a copy of the settlor's government issued photo
identification card; or
(B) any other information that verifies the identity of the settlor
if derived from one (1) or more of the following sources:
(i) A knowledge based authentication method.
(ii) A physical device.
(iii) A digital certificate using a public key infrastructure.
(iv) A verification or authorization code sent to or used by the
settlor.
(v) Biometric identification.
(vi) Any other commercially reasonable method for verifying
the settlor's identity using current or future technology.
(12) "Logically associated" means electronically connected, cross
referenced, or linked in a reliable manner.
(13) "Sign" means valid use of a properly executed electronic
signature.
(14) "Signature" means the authorized use of the settlor's name to
authenticate an electronic trust instrument. The term includes an
electronic signature.
(15) "Tamper evident" means the feature of an electronic record,
such as an electronic trust instrument or document integrity
evidence for an electronic trust instrument, that will cause the fact
of any alteration of or tampering with the electronic record, after
it is created or signed, to be perceptible to any person viewing the
electronic record when it is printed on paper or viewed on a
monitor or other display device. The term applies even if the
nature or the specific content of the alteration is not perceptible.
(16) "Traditional paper trust instrument" means a trust instrument
or an amendment to or a restatement of a trust instrument that is
signed by the settlor on paper.

Legislative History

As added by P.L.40-2018, SEC.3. Amended by P.L.231-2019, SEC.22.