§ 30-4-5-25 — "Interested person"; matters resolved by nonjudicial settlement agreement

Indiana § 30-4-5-25

• Jurisdiction: Indiana
• Art. 4: TRUST CODE
• Ch. 5: Rules Governing the Administration of a Trust

Text

(a) As used in this section, "interested person"
means a person whose consent would be required to achieve a binding
settlement were the settlement to be approved by the court.
(b) Except as provided in subsection (c), an interested person may
enter into a binding nonjudicial settlement agreement with respect to
any matter involving a trust. This procedure is not intended to foreclose
or limit any other procedure for settlement available under other
applicable law.
(c) A nonjudicial settlement agreement is valid only to the extent it
does not violate a material purpose of the trust and includes terms and
conditions that could be properly approved by the court under this
article or other applicable law. A nonjudicial settlement may not be
used to produce a result not authorized by other provisions of this
article, including but not limited to terminating or modifying a trust in
an impermissible manner.
(d) Subject to subsection (c), matters that may be resolved by a
nonjudicial settlement agreement include the following:
(1) The interpretation or construction of the terms of a trust.
(2) The approval of a trustee's report or accounting or waiver of
the preparation of a trustee's report or accounting.
(3) Direction to a trustee to refrain from performing a particular
act or the grant to a trustee of any necessary or desirable power.
(4) The resignation or appointment of a trustee and the
determination of a trustee's compensation.
(5) Transfer of a trust's principal place of administration.
(6) Liability or release of a trustee for an action relating to a trust.
(7) The criteria for distribution to a beneficiary where a trustee is
given discretion.
(8) The resolution of a dispute arising out of the administration or
distribution of a trust.
(9) An investment action.
(10) The appointment of and powers granted to a trust director.
(11) Direction to a trust director to perform or refrain from
performing a particular act or the grant of a power to a trust
director.
(e) Before or after the parties enter into a nonjudicial settlement
agreement, an interested person may request the court to approve a
nonjudicial settlement agreement to determine whether the
representation under IC 30-4-6-10.5 was adequate and to determine
whether the agreement contains terms and conditions the court would
approve.

Legislative History

As added by P.L.221-2019, SEC.7. Amended by P.L.231-2019, SEC.28.