§ 30-4-6-7 — Filing copy of trust instrument as part of proceeding

Indiana § 30-4-6-7

• Jurisdiction: Indiana
• Art. 4: TRUST CODE
• Ch. 6: Procedure

Text

(Filing Copy of Trust Instrument as Part of
Proceeding)
(a) In any proceeding under IC 30-2-14, IC 30-2-15, or this article,
any petitioner or other interested person, including but not limited to
a trustee or beneficiary, may file a copy of the trust instrument for the
trust with the court, to make the trust's terms a part of the court's
records. If there is a dispute about whether the trust has been amended
or restated or about which version of a trust instrument is a valid
version, two (2) or more parties may file copies of different trust
instruments or amendments so that the court is aware of their contents.
(b) Permissible methods for filing a copy of the trust instrument
with the court under subsection (a) include filing the copy as an exhibit
or attachment to a petition for substantive relief under this article. A
separate petition to "docket" the trust or to permit the filing of a copy
of the trust instrument is not required.
(c) Upon the filing of a copy of the trust instrument with the court,
a presumption arises that the trust's terms have been properly presented
to the court. The presumption may be rebutted on a showing that:
(1) the court lacks subject matter jurisdiction over the trust; or
(2) the proceeding has not been filed in the proper venue under
section 3 of this chapter.
The filing of a copy of a trust instrument under this section does not
preclude any interested person from asserting claims or defenses
regarding the validity, interpretation, or administration of the trust or
from cross-petitioning for relief under this title.
(d) If:
(1) a trustee, beneficiary, or other interested person files a
proceeding under IC 30-2-14, IC 30-2-15, or this article with
respect to a trust; and
(2) a copy of the trust instrument is not filed with the court under
subsection (a);
the court may order any party to file a copy of the trust instrument as
a condition to entertaining or hearing a petition for substantive relief
with respect to the trust.
(e) The filing of the trust instrument under subsection (a) shall not
result in continuing supervisory jurisdiction by the court. Upon
conclusion of the proceeding, unless otherwise ordered by the court,
the clerk shall remove the trust instrument from the court's records.
Formerly: Acts 1971, P.L.416, SEC.7. As amended by
P.L.162-2022, SEC.21.