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

Indiana Statutes

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

Indiana § 30-4-10-48

Art. 4TRUST CODE

Ch. 10Uniform Trust Decanting Act

This text of Indiana § 30-4-10-48 (Modification of the first-trust instrument) 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 § 30-4-10-48 (2026).

Text

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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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.