Indiana Statutes

§ 30-4-10-48 — Modification of the first-trust instrument

Indiana·Art. 4 TRUST CODE·Ch. 10 Uniform Trust Decanting Act

An authorized fiduciary must not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless:

(1)the person holding the power consents to the modification in a signed record and the modification applies only to the person;
(2)the person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(3)the court approves the modification and the modification grants a substantially similar power to another person.

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Legislative History

As added by P.L.161-2022, SEC.3.

Nearby Sections

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