Sec. 1. The purpose of this chapter is to provide rules for the valid execution, amendment, and revocation of inter vivos trusts that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a settlor whose identity can be verified, who has capacity, and who is acting free from undue […]
Sec. 10. Whenever this chapter requires or permits a custodian or other person to make an affidavit of regularity with respect to an electronic trust instrument or a complete converted copy, the custodian or other person responsible for the creation of the affidavit of regularity may use the following format for the affidavit: “Affidavit of […]
Sec. 11. (a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic trust instrument to other custodians, other authorized persons, or to the settlor: (1) the electronic record, including any accompanying document integrity evidence (if applicable) is prima facie evidence of: (A) […]
Sec. 12. Any interested person who petitions or otherwise seeks to docket an electronic trust instrument under IC 30-4-6 may file with the clerk of the court a complete converted copy of the electronic trust instrument. As added by P.L.40-2018, SEC.3.
Sec. 13. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39: (1) the electronic record for an electronic trust instrument is a “digital asset” as defined in IC 32-39-1-10; (2) the electronic record for an electronic trust instrument is not an “electronic communication” as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12; (3) […]
Sec. 2. (a) Except as provided in subsections (b) and (c), electronic trust instruments are exclusively governed by this chapter. (b) This chapter does not apply to an entity, arrangement, or relationship that: (1) is or may be described as a trust; and (2) is excluded from IC 30-4 under IC 30-4-1-1(c). (c) The execution, […]
Sec. 3. The following terms are defined for this chapter: (1) “Affidavit of regularity” means an affidavit executed by a custodian or other person under section 10 of this chapter with respect to the electronic record for an electronic trust instrument or a complete converted copy of an electronic trust instrument. (2) “Complete converted copy” […]
Sec. 4. (a) Any of the following persons may create a valid inter vivos trust by electronically signing an electronic trust instrument, with no witness requirement or acknowledgment before any notary public, if the electronic trust instrument sufficiently states the terms of the trust in compliance with IC 30-4-2-1(c): (1) A settlor. (2) An agent […]
Sec. 5. (a) If a settlor creates an inter vivos trust or amends or restates the trust by electronically signing an electronic trust instrument, the person named as trustee may: (1) electronically sign the electronic record for the electronic trust instrument at or about the same time as the settlor’s electronic signature; (2) electronically sign: […]
Sec. 6. (a) If the settlor created or last amended a revocable trust by electronically signing an electronic trust instrument, the settlor may amend or revoke the trust in the following ways: (1) By complying with a method provided in the terms of the trust and making either an electronic signature or an ordinary signature […]
Sec. 7. (a) Any person with the written authorization of the settlor may maintain, receive, or transfer custody of: (1) the electronic record associated with an electronic trust instrument; (2) a complete converted copy of the electronic trust instrument; or (3) any document integrity evidence associated with the electronic trust instrument. A settlor may identify […]
Sec. 8. (a) After a settlor’s death becomes known to a custodian or other person in possession or control of the electronic record associated with the settlor’s electronic trust instrument, or a complete converted copy of the settlor’s electronic trust instrument, the custodian or other person in possession of an item described in section 7(a)(1) […]
Sec. 9. (a) As used in this section, “destroy” means any action that: (1) permanently deletes the electronic record associated with an electronic trust instrument; or (2) renders the electronic record associated with an electronic trust instrument unreadable and nonretrievable. (b) Any custodian or attorney holding an electronic trust instrument may destroy the electronic record […]
