§ 30-4-1.5-4 — Creation of electronic inter vivos trust; use of electronic record; creation of complete converted copy

Indiana § 30-4-1.5-4

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

Text

(a) Any of the following persons may create
a valid inter vivos trust by electronically signing an electronic trust
instrument, with no witness requirement or acknowledgment before
any notary public, if the electronic trust instrument sufficiently states
the terms of the trust in compliance with IC 30-4-2-1(c):
(1) A settlor.
(2) An agent of a settlor who is an attorney in fact.
(3) A person who holds a power of appointment that is
exercisable by appointing money or property to the trustee of a
trust.
(4) An adult who is not an ineligible person under subsection (b)
and who electronically signs the electronic trust instrument:
(A) at the settlor's direction; and
(B) in the direct physical presence of the settlor.
If an adult electronically signs the trust instrument under subdivision
(4), the trust instrument must indicate that the adult signer is signing at
the direction of the settlor and in the settlor's direct physical presence
and must state that the adult signer is not a relative of the settlor, is not
a trustee named in the electronic trust instrument, and is not entitled to
any beneficial interest or power of appointment under the electronic
trust instrument. For all purposes under this article, a trust instrument
electronically signed under subdivision (1), (2), or (4) is the creation of
the named settlor.
(b) The following persons are ineligible to sign an electronic trust
instrument at the direction of the settlor under subsection (a)(4):
(1) A trustee named in the electronic instrument.
(2) A relative of the settlor.
(3) A person who is entitled to receive a beneficial interest in the
trust or a power of appointment under the electronic trust
instrument.
(c) The following persons may use the electronic record associated
with an electronic trust instrument to make a complete converted copy
of an electronic trust instrument immediately after its execution or at
a later time when a complete and intact electronic record is available:
(1) The settlor.
(2) A trustee who accepts appointment under the electronic trust
instrument.
(3) An attorney representing the settlor or the trustee.
(4) Any other person authorized by the settlor.
If a complete converted copy is generated from a complete and intact
electronic record associated with an electronic trust instrument, the
person who generates the complete converted copy is not required to
sign the affidavit described in subsection (e).
(d) If:
(1) a person discovers an accurate but incomplete copy of an
electronic trust instrument;
(2) the electronic record for the electronic trust instrument
becomes:
(A) lost; or
(B) corrupted; or
(3) freedom from tampering or unauthorized alteration cannot be
authenticated or verified;
a living settlor, attorney, custodian, or person responsible for the
discovery of the incomplete electronic trust instrument may prepare a
complete converted copy of the electronic trust instrument using all
available information if the person creating the complete converted
copy of the electronic trust instrument has access to a substantially
complete, nonelectronic copy of the electronic trust instrument.
(e) A person who creates a complete converted copy of an electronic
trust instrument under subsection (d) shall sign an affidavit that affirms
or specifies, as applicable, the following:
(1) The date the electronic trust instrument was created.
(2) The time the electronic trust instrument was created.
(3) How the incomplete electronic trust instrument was
discovered.
(4) The method and format used to store the original electronic
record associated with the electronic trust instrument.
(5) The methods used, if any, to prevent tampering or the making
of unauthorized alterations to the electronic record or electronic
trust instrument.
(6) Whether the electronic trust instrument has been altered since
its creation.
(7) Confirmation that an electronic record, including the
document integrity evidence, if any, was created at the time the
settlor made the electronic trust instrument.
(8) Confirmation that the electronic record has not been altered
while in the custody of the current custodian or any prior
custodian.
(9) Confirmation that the complete converted copy is a complete
and correct duplication of the electronic trust instrument and the
date, place, and time of its execution by the settlor or the settlor's
authorized agent.
(f) A complete converted copy derived from a complete and correct
electronic trust instrument may be docketed under IC 30-4-6-7 or,
absent any objection, offered and admitted as evidence of the trust's
terms in the same manner as the original and traditional paper trust
instrument of the settlor. Whenever this article permits or requires the
trustee of a trust to provide a copy of a trust instrument to a beneficiary
or other interested person, the trustee may provide a complete
converted copy of the electronic trust instrument. A complete and
converted copy is conclusive evidence of the trust's terms unless
otherwise determined by a court in an order entered upon notice to all
interested persons and after an opportunity for a hearing.

Legislative History

As added by P.L.40-2018, SEC.3. Amended by P.L.56-2020, SEC.8; P.L.185-2021, SEC.15.