§ 30-4-2.1-3 — No contest provision enforceable; exceptions

Indiana § 30-4-2.1-3

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

Text

(a) Except as provided in subsection (b), a no
contest provision is enforceable according to the express terms of the
no contest provision.
(b) Subsection (a) does not apply to the following proceedings:
(1) An action brought by a beneficiary if good cause is found by
a court.
(2) An action brought by a trustee or other fiduciary serving under
the terms of the trust that incorporates a no contest provision,
unless the trustee or other fiduciary is a beneficiary against whom
the no contest provision is otherwise enforceable.
(3) An agreement, including a nonjudicial settlement agreement,
among beneficiaries and any other interested persons to settle or
resolve any other matter relating to a trust.
(4) An action to determine whether a proposed or pending motion
or proceeding constitutes a contest.
(5) An action brought by or on behalf of a beneficiary to seek a
ruling regarding the construction or interpretation of a trust.
(6) An action or objection brought by a beneficiary, executor, or
other fiduciary that seeks a ruling on proposed distributions,
fiduciary fees, or any other matter where a court has discretion,
including actions under IC 30-4-3-22.
(7) An action brought by the attorney general that:
(A) seeks a ruling regarding the construction or interpretation
of:
(i) a charitable trust or a trust containing a charitable interest;
or
(ii) a no contest provision contained in a trust that purports to
penalize a charity or charitable interest; or
(B) institutes any other proceedings relating to a trust if good
cause is shown to do so.

Legislative History

As added by P.L.4-2003, SEC.7. Amended by P.L.163-2018, SEC.14.