Indiana § 30-4-10-1 Application

Indiana Statutes

§ 30-4-10-1 — Application

Indiana § 30-4-10-1

Art. 4TRUST CODE

Ch. 10Uniform Trust Decanting Act

This text of Indiana § 30-4-10-1 (Application) 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.

Bluebook

Ind. Code § 30-4-10-1 (2026).

Text

(a)This chapter applies to a trust created before, on, or after July 1, 2022, that:

(1)has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or

(2)provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of:

(A)administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;

(B)construction of terms of the trust; or

(C)determining the meaning or effect of terms of the trust.

(b)Except as provided in subsections (c) and (d), this chapter applies to an express trust that is irrevocable or revocable by the settlor only with the consent of

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(a) This chapter applies to a trust created
before, on, or after July 1, 2022, that:
(1) has its principal place of administration in this state, including
a trust whose principal place of administration has been changed
to this state; or
(2) provides by its trust instrument that it is governed by the law
of this state or is governed by the law of this state for the purpose
of:
(A) administration, including administration of a trust whose
governing law for purposes of administration has been changed
to the law of this state;
(B) construction of terms of the trust; or
(C) determining the meaning or effect of terms of the trust.
(b) Except as provided in subsections (c) and (d), this chapter
applies to an express trust that is irrevocable or revocable by the settlor
only with the consent of the trustee or a person holding an adverse
interest.
(c) This chapter does not:
(1) apply to a trust held solely for charitable purposes;
(2) limit the power of a trustee, powerholder, or other person to
distribute or appoint property in further trust;
(3) limit the power to modify a trust under the trust instrument,
law of this state other than this chapter, common law, a court
order, or a nonjudicial settlement agreement; or
(4) affect the ability of a settlor to provide in a trust instrument for
the distribution of the trust property or appointment in further
trust of the trust property or for modification of the trust
instrument. Such provisions in the trust instrument shall control
over any applicable provision of this chapter.
(d) Subject to section 45 of this chapter, a trust instrument may
restrict or prohibit exercise of the decanting power.