Indiana § 30-4-10-33 Fiduciary duty

Indiana Statutes

§ 30-4-10-33 — Fiduciary duty

Indiana § 30-4-10-33

Art. 4TRUST CODE

Ch. 10Uniform Trust Decanting Act

This text of Indiana § 30-4-10-33 (Fiduciary duty) 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 § 30-4-10-33 (2026).

Text

(a)Except as provided in this chapter, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.

(b)An authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust in exercising the decanting power.

(c)This chapter does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of this chapter.

(d)Except as provided in a first-trust instrument, the terms of the first trust are deemed to include the decanting power.

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(a) Except as provided in this chapter, an
authorized fiduciary may exercise the decanting power without the
consent of any person and without court approval.
(b) An authorized fiduciary shall act in accordance with its fiduciary
duties, including the duty to act in accordance with the purposes of the
first trust in exercising the decanting power.
(c) This chapter does not create or imply a duty to exercise the
decanting power or to inform beneficiaries about the applicability of
this chapter.
(d) Except as provided in a first-trust instrument, the terms of the
first trust are deemed to include the decanting power.