§ 30-4-2.1-16 — Rules of interpretation concerning a trustee's independence from the settlor

Indiana § 30-4-2.1-16

• Jurisdiction: Indiana
• Art. 4: TRUST CODE
• Ch. 2.1: Rules for Interpretation of Trusts

Text

Absent clear and convincing evidence
otherwise, a settlor of an irrevocable trust may not be considered the
alter ego of a trustee. The following factors, alone or in combination,
are not sufficient evidence to conclude that the settlor controls a trustee
or is the alter ego of the trustee:
(1) Any combination of the factors listed in section 15 of this
chapter.
(2) Isolated occurrences of the settlor signing checks, making
disbursements, or executing other documents related to the trust
as a trustee when the settlor is, in fact, not a trustee.
(3) Requesting a trustee to make distributions on behalf of a
beneficiary.
(4) Requesting a trustee to hold, purchase, or sell any trust
property.

Legislative History

As added by P.L.6-2010, SEC.16.