30-4-10-58. Uniformity of the Law
Sec. 58. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. As added by P.L.161-2022, SEC.3.
30-4-10-59. Interpretation With Respect to the Electronic Signatures in Global and National Commerce Act
Sec. 59. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 as amended and in effect on July 1, 2022, but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c) as amended and in effect on July 1, 2022, or authorize […]
30-4-10-60. Severability
Sec. 60. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. As added […]
30-4-10-30. “State”
Sec. 30. As used in this chapter, “state” means: (1) a state of the United States; (2) the District of Columbia; (3) Puerto Rico; (4) the United States Virgin Islands; or (5) a territory or insular possession subject to the jurisdiction of the United States. As added by P.L.161-2022, SEC.3.
30-4-10-46. Compensation of Authorized Fiduciary
Sec. 46. (a) If a first-trust instrument specifies an authorized fiduciary’s compensation, the fiduciary may not exercise the decanting power to increase the fiduciary’s compensation above the specified compensation unless: (1) all qualified beneficiaries of the second trust consent to the increase in a signed record; or (2) the increase is approved by the court. […]
30-4-10-31. “Terms of the Trust”
Sec. 31. As used in this chapter, “terms of the trust” has the meaning set forth in IC 30-4-1-2(22). As added by P.L.161-2022, SEC.3.
30-4-10-47. Second-Trust Instrument; Liability of Authorized Fiduciary
Sec. 47. (a) Except as otherwise provided in this section, a second-trust instrument must not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (b) A second trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in […]
30-4-10-32. “Trust Instrument”
Sec. 32. As used in this chapter, “trust instrument” has the meaning set forth in IC 30-4-1-2(25). The term includes a written document executed by the settlor to create a trust or by a person to create a second trust that contains some or all of the terms of the trust, including any amendments. As […]
30-4-10-33. Fiduciary Duty
Sec. 33. (a) Except as provided in this chapter, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval. (b) An authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust in exercising […]
30-4-10-34. Liability for an Action or Failure to Act by a Trustee or Person
Sec. 34. A trustee or person that reasonably relies on: (1) the validity of a distribution of the property of a trust to another trust; or (2) a modification of a trust under this chapter, law of this state other than this article, or the law of another jurisdiction; is not liable to any person […]