Indiana § 32-17-8-3.5 Legacy trust; power of appointment

Indiana Statutes

§ 32-17-8-3.5 — Legacy trust; power of appointment

Indiana § 32-17-8-3.5

Title 32PROPERTY

Art. 17INTERESTS IN PROPERTY

Ch. 8Uniform Statutory Rule Against Perpetuities

This text of Indiana § 32-17-8-3.5 (Legacy trust; power of appointment) 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 § 32-17-8-3.5 (2026).

Text

5.When the initial power of appointment in a legacy trust is exercised to create a second power of appointment, a nonvested property interest or the second power of appointment created through the exercise of the initial power of appointment is considered to have been created at the time of the irrevocable exercise of the initial power of appointment, unless the instrument exercising the initial power of appointment provides that the second power of appointment was created at the time of the creation of the initial power of appointment.

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5. When the initial power of appointment in
a legacy trust is exercised to create a second power of appointment, a
nonvested property interest or the second power of appointment created
through the exercise of the initial power of appointment is considered
to have been created at the time of the irrevocable exercise of the initial
power of appointment, unless the instrument exercising the initial
power of appointment provides that the second power of appointment
was created at the time of the creation of the initial power of
appointment.