§ 30-4-1.5-6 — Creation of revocable electronic trust; amendment of revocable electronic trust; electronic signature

Indiana § 30-4-1.5-6

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

Text

(a) If the settlor created or last amended a
revocable trust by electronically signing an electronic trust instrument,
the settlor may amend or revoke the trust in the following ways:
(1) By complying with a method provided in the terms of the trust
and making either an electronic signature or an ordinary signature
on paper to confirm the amendment or the revocation.
(2) If the terms of the trust do not specify any method or do not
specify an exclusive method for amending or revoking the trust,
the settlor may do the following:
(A) Execute a later will or codicil that:
(i) expressly refers to the trust; or
(ii) specifically devises property that would otherwise have
passed according to the terms of the trust.
(B) Sign the settlor's electronic signature on an electronic
record that:
(i) manifests the clear and convincing intent of the settlor to
amend or revoke the trust; and
(ii) specifies the specific amendments or revocation that the
settlor wishes to make.
(C) Sign the settlor's ordinary signature on a paper record that:
(i) manifests the clear and convincing intent of the settlor to
amend or revoke the trust; and
(ii) specifies the specific amendments or revocation that the
settlor wishes to make.
(D) Permanently delete or render unreadable and nonretrievable
each copy of the electronic record for the electronic trust
instrument that is in the settlor's possession or control if the
settlor is not making use of a custodian to store the electronic
record for the electronic trust instrument.
(E) Transmit or provide to the custodian of the electronic record
for an electronic trust instrument a written or electronic record
of the amendment or revocation that:
(i) is signed by the settlor; and
(ii) directs the custodian to permanently delete or make
unreadable and nonretrievable the electronic record for the
electronic trust instrument.
If the settlor knows that the electronic record for the electronic trust
instrument or a complete converted copy of the electronic trust
instrument is in the possession of a custodian, the settlor has a duty to
use reasonable efforts to provide the custodian with written or
electronic evidence of the amendment or revocation of the electronic
trust instrument.
(b) If the settlor has possession of the electronic record for an
electronic trust instrument that the settlor intends to amend or revoke,
the settlor shall save a complete converted copy of the original
electronic trust instrument before making any amendment or executing
any revocation.
(c) If a custodian has possession of the electronic record for an
electronic trust instrument that the settlor intends to amend or revoke,
the custodian shall save a complete converted copy of the original
electronic trust instrument before carrying out the settlor's direction to
amend the electronic record or to render the electronic record
unreadable and nonretrievable.
(d) A complete converted copy of an electronic trust instrument that
is preserved in the manner described in subsection (b) or (c) may be
used as evidence in the event that the validity of the settlor's
amendment or revocation is later challenged.

Legislative History

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