Indiana Code 30-4-1.5-11. Prima facie evidence of validity
(1) the electronic record, including any accompanying document integrity evidence (if applicable) is prima facie evidence of:
Terms Used In Indiana Code 30-4-1.5-11
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Court: means a court having jurisdiction over trust matters. See Indiana Code 30-4-1-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: has the meaning set forth in IC 30-2-14-9. See Indiana Code 30-4-1-2
- Settlor: means a person who establishes a trust including the testator of a will under which a trust is created. See Indiana Code 30-4-1-2
- Trust instrument: means an instrument, agreement, or other written document executed by the settlor that contains the terms of the trust, including any amendments to the terms of the trust. See Indiana Code 30-4-1-2
(B) freedom from unauthorized alteration or tampering unless evidence of alteration or tampering is evident on the face of the electronic record;
(2) a complete converted copy of an electronic trust instrument is prima facie evidence of:
(A) the validity of the electronic trust instrument; and
(B) freedom from unauthorized alteration or tampering;
if the electronic trust instrument was executed in compliance with this chapter; and
(3) except when required by an order of the court, a custodian or other person is not required to make or issue an affidavit regarding the custodian’s or other person’s custody of the electronic record for an electronic trust instrument or custody of a complete converted copy of the electronic trust instrument. Any custodian or other person may, however, make an affidavit of regularity under section 10 of this chapter if any objection is asserted or any doubt is raised concerning the validity of the electronic trust instrument or about any alleged unauthorized alteration of or tampering with the electronic trust instrument.
(b) The presumption of:
(1) validity; and
(2) freedom from unauthorized alteration or tampering;
described in subsection (a) may be rebutted by clear and convincing evidence of the settlor’s execution of another electronic trust instrument or traditional paper trust instrument at a later date.
As added by P.L.40-2018, SEC.3.