Indiana § 30-4-10-52 Second-trust instrument; noncompliant provision; corrective action for
exercise of decanting power on a noncompliant provision

Indiana Statutes

§ 30-4-10-52 — Second-trust instrument; noncompliant provision; corrective action for exercise of decanting power on a noncompliant provision

Indiana § 30-4-10-52

Art. 4TRUST CODE

Ch. 10Uniform Trust Decanting Act

This text of Indiana § 30-4-10-52 (Second-trust instrument; noncompliant provision; corrective action for exercise of decanting power on a noncompliant provision) 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 § 30-4-10-52 (2026).

Text

(a)If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:

(1)A provision in the second-trust instrument that is not permitted under this chapter is void to the extent necessary to comply with this chapter.

(2)A provision required by this chapter to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter.

(b)If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of

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(a) If exercise of the decanting power would
be effective under this chapter except that the second-trust instrument
in part does not comply with this chapter, the exercise of the power is
effective and the following rules apply with respect to the principal of
the second trust attributable to the exercise of the power:
(1) A provision in the second-trust instrument that is not
permitted under this chapter is void to the extent necessary to
comply with this chapter.
(2) A provision required by this chapter to be in the second-trust
instrument that is not contained in the instrument is deemed to be
included in the instrument to the extent necessary to comply with
this chapter.
(b) If a trustee or other fiduciary of a second trust determines that
subsection (a) applies to a prior exercise of the decanting power, the
fiduciary shall take corrective action consistent with the fiduciary's
duties.