Indiana Code 30-4-1.5-9. “Destroy”; destruction of electronic trust instrument
(1) permanently deletes the electronic record associated with an electronic trust instrument; or
Terms Used In Indiana Code 30-4-1.5-9
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- 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
- Probate: Proving a will
- 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) Any custodian or attorney holding an electronic trust instrument may destroy the electronic record associated with the electronic trust instrument and any accompanying document integrity evidence at any time after the:
(1) fifth anniversary of any will belonging to the settlor is admitted to probate;
(2) fifth anniversary of the date on which the custodian ceases to have custody of the electronic trust instrument;
(3) tenth anniversary of the settlor’s death;
(4) one hundredth anniversary of the execution of the electronic trust instrument; or
(5) valid revocation of the electronic trust instrument.
(c) Notwithstanding subsection (b), this section does not require a custodian, attorney, or other person in possession of a complete converted copy of an electronic trust instrument to destroy the complete converted copy of the electronic trust instrument.
As added by P.L.40-2018, SEC.3.