Indiana § 30-4-2-1.5 Trust not created by will; requirements

Indiana Statutes

§ 30-4-2-1.5 — Trust not created by will; requirements

Indiana § 30-4-2-1.5

Art. 4TRUST CODE

Ch. 2Rules Governing the Creation of Trusts

This text of Indiana § 30-4-2-1.5 (Trust not created by will; requirements) 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 § 30-4-2-1.5 (2026).

Text

5.

(a)Except as provided in subsection (b), a trust that is not created by a will is validly created if the trust's creation complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation:

(1)the settlor was domiciled, had a place of abode, or was a national;

(2)a trustee was domiciled or had a place of business; or

(3)any trust property is located.

(b)A valid trust must be:

(1)in writing; and

(2)signed by:

(A)the settlor; or

(B)an agent of the settlor who is an attorney in fact.

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5. (a) Except as provided in subsection (b), a
trust that is not created by a will is validly created if the trust's creation
complies with the law of the jurisdiction in which the trust instrument
was executed or the law of the jurisdiction in which, at the time of
creation:
(1) the settlor was domiciled, had a place of abode, or was a
national;
(2) a trustee was domiciled or had a place of business; or
(3) any trust property is located.
(b) A valid trust must be:
(1) in writing; and
(2) signed by:
(A) the settlor; or
(B) an agent of the settlor who is an attorney in fact.