Indiana § 30-4-1-13 - Applicability of constructive trust provisions

§ 30-4-1-13. Applicability of constructive trust provisions

Sec. 13. IC 29-1-2-12.1 applies to a trust.

As added by P.L.238-2005, SEC.20.

IC 30-4-1.5Chapter 1.5. Electronic Trust Instruments

30-4-1.5-1Purpose of chapter; presumptions 30-4-1.5-2Exclusive authority; application of other statutes 30-4-1.5-3Definitions 30-4-1.5-4Creation of electronic inter vivos trust; use of electronic record; creation of complete converted copy 30-4-1.5-5Amendment of electronic inter vivos trust; restatement of electronic inter vivos trust; electronic signature 30-4-1.5-6Creation of revocable electronic trust; amendment of revocable electronic trust; electronic signature 30-4-1.5-7Maintenance, receipt, and transfer of electronic trust instrument 30-4-1.5-8Delivery of electronic trust following death of settlor 30-4-1.5-9"Destroy"; destruction of electronic trust instrument 30-4-1.5-10Affidavit of regularity 30-4-1.5-11Prima facie evidence of validity 30-4-1.5-12Filing of electronic trust instrument 30-4-1.5-13"Digital asset"; "electronic communication"; "custodian"; "user"; "transaction"

IC 30-4-1.5-1Purpose of chapter; presumptions 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 duress and undue influence may execute a valid electronic trust instrument consistent with the settlor's intent. If an electronic trust instrument is electronically signed by the settlor and is maintained as an electronic record or as a complete converted copy in compliance with the rules of this chapter, the normal presumptions that apply to a traditional paper trust instrument apply to the electronic trust instrument.

As added by P.L.40-2018, SEC.3.

IC 30-4-1.5-2Exclusive authority; application of other statutes 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, amendment, and revocation of an electronic testamentary trust shall be governed by IC 29-1-21 during the lifetime of a testator or settlor who creates, has created, or intends to create an electronic testamentary trust.

(d) If this chapter does not provide an explicit definition, form, rule, or statute concerning an issue pertaining to electronic trust instruments, applicable statutes from this article that apply to traditional paper trust instruments control.

As added by P.L.40-2018, SEC.3.

IC 30-4-1.5-3Definitions 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" means a document in any format that:

(A) can be visually perceived in its entirety on a monitor or other display device;

(B) can be printed; and

(C) contains:

(i) the text of an electronic trust instrument; and

(ii) a readable copy of the document integrity evidence, if any, that is or was part of or attached to the electronic trust instrument.

(3) "Custodian" means a person other than:

(A) the settlor who executed the electronic trust instrument;

(B) an attorney;

(C) a person who is named in the electronic trust instrument as a current trustee or successor trustee of the trust; or

(D) a person who is named or defined as a beneficiary in the electronic trust instrument;

who has authorized possession or control of the electronic trust instrument. The term may include an attorney in fact serving under a living settlor's durable power of attorney who possesses general authority over records, reports, statements, electronic records, or estate planning transactions.

(4) "Custody" means the authorized possession and control of at least one (1) of the following:

(A) A complete copy of the electronic record for the electronic trust instrument.

(B) A complete converted copy of the electronic trust instrument if the complete electronic record has been lost or destroyed or if the electronic trust instrument has been revoked.

(5) "Document integrity evidence" means the part of the electronic record for the electronic trust instrument that:

(A) is created and maintained electronically;

(B) includes digital markers showing that the electronic trust instrument has not been altered after its initial execution by the settlor;

(C) is logically associated with the electronic trust instrument in a tamper evident manner so that any change made to the text of the electronic trust instrument after its execution is visibly perceptible when the electronic record is displayed or printed;

(D) will generate an error message, invalidate an electronic signature, make the electronic record unreadable, or otherwise display evidence that some alteration was made to the electronic trust instrument after its execution; and

(E) displays the following information:

(i) The city and state in which, and the date and time at which, the electronic trust instrument was executed by the settlor.

(ii) The name of the settlor.

(iii) The name and address of another person, if any, responsible for marking the settlor's electronic signature on the electronic trust instrument at the settlor's direction and in the actual presence of the settlor.

(iv) A copy of or a link to the electronic signature of the settlor on the electronic trust instrument.

(v) A general description of the type of identity verification evidence used to verify the settlor's identity.

(vi) The content of the cryptographic hash or unique code used to complete the electronic record and make the electronic trust instrument tamper evident if a public key infrastructure or a similar secure technology was used to sign or authenticate the electronic trust instrument and if the vendor or the software for the technology makes inclusion feasible.

Document integrity evidence may, but is not required to, contain other information about the electronic trust instrument such as a unique document number, client number, or other identifier that an attorney or custodian assigns to the electronic trust instrument or a link to a secure Internet web site where a complete copy of the electronic trust instrument is accessible. The title, heading, or label, if any, that is assigned to the document integrity evidence (such as "certificate of completion", "audit trail", or "audit log") is immaterial.

(6) "Electronic" has the meaning set forth in IC 26-2-8-102.

(7) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the following:

(A) The document integrity evidence associated with the electronic trust instrument.

(B) The identity verification evidence of the settlor who executed the electronic trust instrument.

(8) "Electronic signature" has the meaning set forth in IC 26-2-8-102.

(9) "Electronic trust instrument" means a trust instrument for an inter vivos trust created by a settlor or other person that:

(A) is initially created and maintained as an electronic record;

(B) contains the electronic signature of the settlor or other person creating the trust; and

(C) contains the date and time of the electronic signature of the settlor or other person creating the trust.

The term includes an amendment to or a restatement of a revocable trust instrument when the amendment or restatement is executed in accordance with the requirements of section 6 of this chapter.

(10) "Executed" means the signing of an electronic trust instrument. The term includes the use of an electronic signature.

(11) "Identity verification evidence" means either:

(A) a copy of the settlor's government issued photo identification card; or

(B) any other information that verifies the identity of the settlor if derived from one (1) or more of the following sources:

(i) A knowledge based authentication method.

(ii) A physical device.

(iii) A digital certificate using a public key infrastructure.

(iv) A verification or authorization code sent to or used by the settlor.

(v) Biometric identification.

(vi) Any other commercially reasonable method for verifying the settlor's identity using current or future technology.

(12) "Logically associated" means electronically connected, cross referenced, or linked in a reliable manner.

(13) "Sign" means valid use of a properly executed electronic signature.

(14) "Signature" means the authorized use of the settlor's name to authenticate an electronic trust instrument. The term includes an electronic signature.

(15) "Tamper evident" means the feature of an electronic record, such as an electronic trust instrument or document integrity evidence for an electronic trust instrument, that will cause the fact of any alteration of or tampering with the electronic record, after it is created or signed, to be perceptible to any person viewing the electronic record when it is printed on paper or viewed on a monitor or other display device. The term applies even if the nature or the specific content of the alteration is not perceptible.

(16) "Traditional paper trust instrument" means a trust instrument or an amendment to or a restatement of a trust instrument that is signed by the settlor on paper.

As added by P.L.40-2018, SEC.3. Amended by P.L.231-2019, SEC.22.

IC 30-4-1.5-4Creation of electronic inter vivos trust; use of electronic record; creation of 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 of a settlor who is an attorney in fact.

(3) A person who holds a power of appointment that is exercisable by appointing money or property to the trustee of a trust.

(4) An adult who is not an ineligible person under subsection (b) and who electronically signs the electronic trust instrument:

(A) at the settlor's direction; and

(B) in the direct physical presence of the settlor.

If an adult electronically signs the trust instrument under subdivision (4), the trust instrument must indicate that the adult signer is signing at the direction of the settlor and in the settlor's direct physical presence and must state that the adult signer is not a relative of the settlor, is not a trustee named in the electronic trust instrument, and is not entitled to any beneficial interest or power of appointment under the electronic trust instrument. For all purposes under this article, a trust instrument electronically signed under subdivision (1), (2), or (4) is the creation of the named settlor.

(b) The following persons are ineligible to sign an electronic trust instrument at the direction of the settlor under subsection (a)(4):

(1) A trustee named in the electronic instrument.

(2) A relative of the settlor.

(3) A person who is entitled to receive a beneficial interest in the trust or a power of appointment under the electronic trust instrument.

(c) The following persons may use the electronic record associated with an electronic trust instrument to make a complete converted copy of an electronic trust instrument immediately after its execution or at a later time when a complete and intact electronic record is available:

(1) The settlor.

(2) A trustee who accepts appointment under the electronic trust instrument.

(3) An attorney representing the settlor or the trustee.

(4) Any other person authorized by the settlor.

If a complete converted copy is generated from a complete and intact electronic record associated with an electronic trust instrument, the person who generates the complete converted copy is not required to sign the affidavit described in subsection (e).

(d) If:

(1) a person discovers an accurate but incomplete copy of an electronic trust instrument;

(2) the electronic record for the electronic trust instrument becomes:

(A) lost; or

(B) corrupted; or

(3) freedom from tampering or unauthorized alteration cannot be authenticated or verified;

a living settlor, attorney, custodian, or person responsible for the discovery of the incomplete electronic trust instrument may prepare a complete converted copy of the electronic trust instrument using all available information if the person creating the complete converted copy of the electronic trust instrument has access to a substantially complete, nonelectronic copy of the electronic trust instrument.

(e) A person who creates a complete converted copy of an electronic trust instrument under subsection (d) shall sign an affidavit that affirms or specifies, as applicable, the following:

(1) The date the electronic trust instrument was created.

(2) The time the electronic trust instrument was created.

(3) How the incomplete electronic trust instrument was discovered.

(4) The method and format used to store the original electronic record associated with the electronic trust instrument.

(5) The methods used, if any, to prevent tampering or the making of unauthorized alterations to the electronic record or electronic trust instrument.

(6) Whether the electronic trust instrument has been altered since its creation.

(7) Confirmation that an electronic record, including the document integrity evidence, if any, was created at the time the settlor made the electronic trust instrument.

(8) Confirmation that the electronic record has not been altered while in the custody of the current custodian or any prior custodian.

(9) Confirmation that the complete converted copy is a complete and correct duplication of the electronic trust instrument and the date, place, and time of its execution by the settlor or the settlor's authorized agent.

(f) A complete converted copy derived from a complete and correct electronic trust instrument may be docketed under IC 30-4-6-7 or, absent any objection, offered and admitted as evidence of the trust's terms in the same manner as the original and traditional paper trust instrument of the settlor. Whenever this article permits or requires the trustee of a trust to provide a copy of a trust instrument to a beneficiary or other interested person, the trustee may provide a complete converted copy of the electronic trust instrument. A complete and converted copy is conclusive evidence of the trust's terms unless otherwise determined by a court in an order entered upon notice to all interested persons and after an opportunity for a hearing.

As added by P.L.40-2018, SEC.3. Amended by P.L.56-2020, SEC.8; P.L.185-2021, SEC.15.

IC 30-4-1.5-5Amendment of electronic inter vivos trust; restatement of electronic inter vivos trust; electronic signature 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:

(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.

IC 30-4-1.5-6Creation of revocable electronic trust; amendment of revocable electronic trust; electronic signature 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 on paper to confirm the amendment or the revocation.

(2) If the terms of the trust do not specify any method or do not specify an exclusive method for amending or revoking the trust, the settlor may do the following:

(A) Execute a later will or codicil that:

(i) expressly refers to the trust; or

(ii) specifically devises property that would otherwise have passed according to the terms of the trust.

(B) Sign the settlor's electronic signature on an electronic record that:

(i) manifests the clear and convincing intent of the settlor to amend or revoke the trust; and

(ii) specifies the specific amendments or revocation that the settlor wishes to make.

(C) Sign the settlor's ordinary signature on a paper record that:

(i) manifests the clear and convincing intent of the settlor to amend or revoke the trust; and

(ii) specifies the specific amendments or revocation that the settlor wishes to make.

(D) Permanently delete or render unreadable and nonretrievable each copy of the electronic record for the electronic trust instrument that is in the settlor's possession or control if the settlor is not making use of a custodian to store the electronic record for the electronic trust instrument.

(E) Transmit or provide to the custodian of the electronic record for an electronic trust instrument a written or electronic record of the amendment or revocation that:

(i) is signed by the settlor; and

(ii) directs the custodian to permanently delete or make unreadable and nonretrievable the electronic record for the electronic trust instrument.

If the settlor knows that the electronic record for the electronic trust instrument or a complete converted copy of the electronic trust instrument is in the possession of a custodian, the settlor has a duty to use reasonable efforts to provide the custodian with written or electronic evidence of the amendment or revocation of the electronic trust instrument.

(b) If the settlor has possession of the electronic record for an electronic trust instrument that the settlor intends to amend or revoke, the settlor shall save a complete converted copy of the original electronic trust instrument before making any amendment or executing any revocation.

(c) If a custodian has possession of the electronic record for an electronic trust instrument that the settlor intends to amend or revoke, the custodian shall save a complete converted copy of the original electronic trust instrument before carrying out the settlor's direction to amend the electronic record or to render the electronic record unreadable and nonretrievable.

(d) A complete converted copy of an electronic trust instrument that is preserved in the manner described in subsection (b) or (c) may be used as evidence in the event that the validity of the settlor's amendment or revocation is later challenged.

As added by P.L.40-2018, SEC.3.

IC 30-4-1.5-7Maintenance, receipt, and transfer of electronic trust instrument 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 and designate an adult individual or other person as the custodian of the electronic trust instrument within the electronic record associated with the electronic trust instrument.

(b) A custodian of an electronic trust instrument and any accompanying document integrity evidence that is logically associated with the electronic trust instrument has the following responsibilities:

(1) To use best practices to maintain custody of the electronic record for the electronic trust instrument and any accompanying document integrity evidence.

(2) To use best practices and commercially reasonable means to:

(A) maintain the privacy and security of the electronic record associated with an electronic trust instrument; and

(B) exercise reasonable care to guard against unauthorized:

(i) disclosure; and

(ii) alteration or tampering with;

the electronic record.

(3) To maintain electronic and conceptual separation between different settlors and their respective electronic records and electronic trust instruments if the custodian maintains custody of two (2) or more electronic records or electronic trust instruments.

(4) To promptly generate a complete converted copy of each electronic trust instrument and all accompanying document integrity evidence after receiving a written request to do so from a living settlor, the court, or another authorized person.

(5) To promptly respond to a written instruction from the living settlor or another person with written authorization originating from the living settlor to transfer custody of the electronic trust instrument to a successor custodian.

(6) To transfer the entire electronic record of the electronic trust instrument to a successor custodian upon the receipt of a written instruction requesting the transfer of the entire electronic record of an electronic trust instrument to a successor custodian.

(7) To provide an executed delivery receipt to the outgoing custodian who transfers:

(A) the electronic record;

(B) the electronic trust instrument;

(C) any accompanying document integrity evidence; or

(D) information pertaining to the format in which the electronic record or electronic trust instrument is received;

if the receiving custodian agrees to assume responsibility for an electronic record or an electronic trust instrument and all associated documents from an outgoing custodian.

(8) To perform the following upon the death of the settlor:

(A) To relinquish possession and control of the:

(i) electronic record associated with the settlor's electronic trust instrument; or

(ii) complete converted copy of the testator's electronic will (if applicable);

to a person authorized to receive these items under section 8 of this chapter.

(B) To comply with the court's order requiring the electronic filing or delivery of the electronic trust instrument and any accompanying document integrity evidence, as applicable, with the court.

(C) To provide an accurate copy of:

(i) the electronic record of the settlor's electronic trust instrument; or

(ii) a complete converted copy of the settlor's electronic trust instrument;

to any interested person who is entitled to receive a copy under the terms of the trust or IC 30-4-3-6(b).

(D) To furnish, for any court hearing or matter involving an electronic trust instrument currently or previously stored by the custodian, any information requested by the court pertaining to the custodian's policies, practices, or qualifications as they relate to the maintenance, production, or storage of electronic trust instruments.

(c) A proposed successor custodian has no obligation to accept delivery of an electronic trust instrument from an outgoing custodian or to accept the responsibility to maintain custody of the electronic record for an electronic trust instrument. A successor custodian's execution of a delivery receipt constitutes acceptance of:

(1) the appointment as successor custodian; and

(2) the responsibility to maintain and preserve the accepted electronic trust instrument.

(d) If a custodian wishes to discontinue custody of an electronic trust instrument, the custodian must send written notice to the settlor or, if the settlor's whereabouts are unknown, to the currently serving trustee or any other person holding written authority from the settlor and identifiable from custodian records.

(e) A written notice described in subsection (d) must inform the settlor or other person authorized to act on the settlor's behalf that the custodian will transfer custody of the electronic trust instrument to a successor custodian chosen by the current custodian unless a written instruction is issued to the current custodian by the settlor, current trustee, or other authorized person not later than thirty (30) days after the written notice described in subsection (d) was first issued.

(f) If the settlor, current trustee, or other authorized person does not respond to a written notice described in subsection (d) with a contrary written instruction by the end of the thirty (30) day period described in subsection (e), the custodian may dispose of the electronic record associated with an electronic trust instrument in one (1) of the following ways:

(1) The current custodian may transfer custody of the electronic record for the electronic trust instrument to a successor custodian previously designated in writing by the settlor.

(2) The current custodian may transfer custody of the electronic trust instrument to a successor custodian selected by the current custodian.

(3) The current custodian may transmit a complete converted copy of the electronic trust instrument and an accompanying affidavit of regularity to the person who received the thirty (30) day notice described in subsection (e).

As added by P.L.40-2018, SEC.3.

IC 30-4-1.5-8Delivery of electronic trust following death of settlor 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) or 7(a)(2) of this chapter shall deliver the item to one (1) of the following persons in decreasing order of priority:

(1) A person already serving as trustee of the trust.

(2) A person nominated in the electronic trust instrument as a successor trustee and who has priority under the terms of the trust to accept appointment and to serve as trustee.

(3) The surviving spouse of the settlor.

(4) A living adult child of the settlor.

(5) A living parent of the settlor.

(6) A living adult sibling of the settlor.

(7) A beneficiary named or defined in the electronic trust instrument and entitled to a share of the trust's principal assets or income.

(8) The clerk of the probate court that would have subject matter jurisdiction of the settlor's estate based on the custodian's or other person's knowledge of the settlor's domicile or the location of the property of the settlor at the time of the settlor's death.

A custodian or other person in possession of an item described in section 7(a)(1) or 7(a)(2) of this chapter may use any commercially reasonable method of delivery to accomplish the requirements of this section.

(b) If a custodian or other person has possession of both the electronic record for a deceased settlor's electronic trust instrument and a complete converted copy of the same electronic trust instrument, the custodian or other person shall deliver both to an authorized person who:

(1) is described in subsection (a); or

(2) is specified in written instructions left by the settlor.

If the custodian or other person delivers the electronic trust instrument to the clerk of the probate court under subsection (a)(8), the custodian or other person shall deliver only a complete converted copy of the electronic trust instrument to the clerk, unless the court rules or other applicable laws explicitly require otherwise.

As added by P.L.40-2018, SEC.3. Amended by P.L.10-2019, SEC.119.

IC 30-4-1.5-9"Destroy"; destruction of electronic trust instrument 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 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.

IC 30-4-1.5-10Affidavit of regularity 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 Regularity for Electronic Trust Instrument

(1) Beginning on (insert date of first possession of the electronic trust instrument by the signer of this affidavit) and continuing to the date and time of this affidavit, the undersigned person has had possession of (circle all of the following that apply):

(A) The electronic record for the electronic trust instrument.

(B) A complete converted copy of the electronic trust instrument of (insert name of settlor), which was electronically executed on (insert date of electronic signing or insert reference to time stamp).

(2) (Insert client number, customer number, document number, or other unique identifier as applicable) is the unique identifier that the undersigned person assigned to this electronic trust instrument in the undersigned person's records.

(3) The undersigned person believes that the settlor (circle one the following options):

(A) Is alive.

(B) Died on or about (insert date of death) and believes that the trust is currently (circle one (1) of the following options):

(i) Revocable.

(ii) Irrevocable.

(4) The undersigned person is (circle all of the following that apply):

(A) Transferring custody of the electronic record for the electronic trust instrument to the living settlor of the electronic trust instrument.

(B) Transferring custody of the electronic record for the electronic trust instrument to (insert name and address of successor custodian).

(C) Transferring a complete converted copy of the electronic trust instrument to (insert name and address of authorized recipient).

(D) Transferring a complete converted copy of the electronic trust instrument to the clerk of the (insert name the court) that would have subject matter jurisdiction over the trust.

(5) The undersigned person is transferring or submitting the electronic record in the following format: (specify format).

(6) If the undersigned person is transferring or submitting the electronic record for the electronic trust instrument, the undersigned person affirms, under penalty of perjury, that the electronic record has been in the undersigned person's possession or control for the period stated in paragraph (1) and that during this period, the electronic record showed no indication of unauthorized alteration or tampering.

(7) The undersigned person affirms, under penalty of perjury, that (circle one (1) of the following options):

(A) The undersigned person has no knowledge of the settlor's later execution of any document that amends, revokes, or supersedes the electronic trust instrument described in paragraph (1).

(B) The undersigned believes that the settlor purportedly amended or revoked the electronic trust instrument described in paragraph (1) on (insert date if known or approximate time frame if date is not known), by (insert known details concerning the settlor's amendment or revocation).

(8) The undersigned person is (circle all of the following that apply):

(A) The living settlor who executed the electronic trust instrument.

(B) An attorney admitted to practice law in the state of Indiana.

(C) A currently serving trustee named in or appointed under the terms of the trust.

(D) An attorney in fact or other person acting on written authority of the settlor.

(E) A successor trustee nominated in the electronic trust instrument.

(F) An interested person with respect to the administration of the trust.

(G) A custodian currently in compliance with all applicable requirements under IC 29-1-21-10.

(9) (Insert date and time of custodian or other person's signature).

(10) (Insert name and signature of custodian or other person signing. Insert job title or position of signatory if signatory is not an individual (natural person).".

As added by P.L.40-2018, SEC.3.

IC 30-4-1.5-11Prima facie evidence of validity 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) the validity of the electronic trust instrument; and

(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.

IC 30-4-1.5-12Filing of electronic trust instrument Sec. 12. Any interested person who files a proceeding under this article regarding an electronic trust instrument may file a complete converted copy of the electronic trust instrument with the clerk of the court under IC 30-4-6.

As added by P.L.40-2018, SEC.3. Amended by P.L.99-2024, SEC.12.

IC 30-4-1.5-13"Digital asset"; "electronic communication"; "custodian"; "user"; "transaction" 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) the digital or electronic transfer of an electronic record for an electronic trust instrument between any two (2) persons other than the settlor and the settlor's attorney is an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;

(4) a custodian of an electronic trust instrument is also a "custodian" as defined in IC 32-39-1-8; and

(5) the:

(A) settlor of an electronic trust instrument;

(B) trustee of a trust; or

(C) attorney representing the settlor, trustee, or another person with authorized possession of or authorized access to the electronic record for an electronic trust instrument;

is a "user" for purposes of IC 32-39 if the settlor, trustee, attorney, or other authorized person contracts with another person to store the electronic record for the electronic trust instrument.

(b) The execution or revocation of an electronic trust instrument may be a contract of a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-sign Act (15 U.S.C. 7001).

(c) The execution or revocation of an electronic trust instrument is subject to IC 26-2-8 unless there is a conflict between IC 26-2-8 and any provision contained in this article. In the event of a conflict between IC 26-2-8 and a provision of this article, the provision in this article shall control.

As added by P.L.40-2018, SEC.3.

IC 30-4-2Chapter 2. Rules Governing the Creation of Trusts

30-4-2-1Written evidence of terms; definite terms; validity of inter vivos trust; existence of trust beneficiaries; creation of trust by exercise of power of appointment 30-4-2-1.5Trust not created by will; requirements 30-4-2-2Acceptance by trustee 30-4-2-3Repealed 30-4-2-4Repealed 30-4-2-5Life insurance trusts 30-4-2-6Nature of trustee's estate 30-4-2-7Nature of beneficiary's estate 30-4-2-8Merger of estates 30-4-2-9Necessity of powers or duties 30-4-2-10Capacity of settlor 30-4-2-11Capacity of trustee 30-4-2-12Illegality 30-4-2-13Application of statute of uses 30-4-2-14Assignment of beneficiary's interest 30-4-2-15Divorce or annulment of marriage; effect on revocable trust 30-4-2-16Election by surviving spouse to take share against settlor's will; distribution of remainder 30-4-2-17Valid purposes of charitable trust; selection of purpose or beneficiary if not specified by trust 30-4-2-18Trust for care of animal 30-4-2-19Trust for noncharitable purpose