Indiana Code 30-4-1.5-5. Amendment of electronic inter vivos trust; restatement of electronic inter vivos trust; electronic signature
(1) electronically sign the electronic record for the electronic trust instrument at or about the same time as the settlor’s electronic signature;
Terms Used In Indiana Code 30-4-1.5-5
- Court: means a court having jurisdiction over trust matters. See Indiana Code 30-4-1-2
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Inter vivos: Transfer of property from one living person to another living person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 estate: means the trust property and the income derived from its use. 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
- Trustee: A person or institution holding and administering property in trust.
- Trustee: has the meaning set forth in IC 30-2-14-13. See Indiana Code 30-4-1-2
(A) a separate electronic record referring to the electronic trust instrument, its date, and the name of the settlor; and
(B) a statement that explicitly accepts:
(i) the appointment as trustee; and
(ii) the trust’s terms;
(3) make an ordinary signature on a complete converted copy of the electronic trust instrument in order to signify the person’s acceptance of the trust’s terms and the person’s appointment as trustee; or
(4) make an ordinary signature on a separate written acceptance.
(b) Except as provided in subsection (d), a person named as trustee who exercises powers or performs duties under the trust is presumed to have accepted the trust.
(c) The person named as trustee may reject the trust in writing or in an electronically signed document. A person named as trustee who rejects a trust in the manner described in this subsection will incur no liability. If, after being informed of the named person’s appointment as trustee, the named person does not:
(1) expressly accept the trust; or
(2) exercise powers or perform duties under the trust within a reasonable time;
the named person shall be presumed to have rejected the trust.
(d) If there is an immediate risk of damage to the trust estate, the person named as trustee may act to preserve the trust estate and will not be presumed to have accepted the trust if the named person delivers a written or electronically signed rejection, at the time of or shortly after the person acts, to:
(1) the settlor;
(2) the beneficiary; or
(3) the court having jurisdiction over the administration of the trust estate.
As added by P.L.40-2018, SEC.3.