Indiana § 30-4-2-11 Capacity of trustee

Indiana Statutes

§ 30-4-2-11 — Capacity of trustee

Indiana § 30-4-2-11

Art. 4TRUST CODE

Ch. 2Rules Governing the Creation of Trusts

This text of Indiana § 30-4-2-11 (Capacity of trustee) 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 § 30-4-2-11 (2026).

Text

(a)If the trustee is a natural person, the trustee must have the capacity to take, hold, and deal with property for the trustee's own benefit and must be at least eighteen (18) years of age, be of sound mind and of good moral character.

(b)If the trustee is a corporation, it must have the power to take, hold, and deal with property for its own benefit and have the power to act as a trustee.

(c)Subject to section 8 of this chapter, the fact that the person named to be trustee is also a beneficiary will not disqualify the person from acting as trustee if the person is otherwise qualified. Formerly: Acts 1971, P.L.416, SEC.3; Acts 1973, P.L.293, SEC.6. As amended by P.L.86-2018, SEC.214.

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(a) If the trustee is a natural person, the
trustee must have the capacity to take, hold, and deal with property for
the trustee's own benefit and must be at least eighteen (18) years of age,
be of sound mind and of good moral character.
(b) If the trustee is a corporation, it must have the power to take,
hold, and deal with property for its own benefit and have the power to
act as a trustee.
(c) Subject to section 8 of this chapter, the fact that the person
named to be trustee is also a beneficiary will not disqualify the person
from acting as trustee if the person is otherwise qualified.
Formerly: Acts 1971, P.L.416, SEC.3; Acts 1973, P.L.293,
SEC.6. As amended by P.L.86-2018, SEC.214.