Indiana § 30-4-10-45 - First-trust instrument restriction on decanting power
Full text of Indiana Indiana Code § 30-4-10-45 — First-trust instrument restriction on decanting power, with citation guidance and answers to common questions.
§ 30-4-10-45. First-trust instrument restriction on decanting power
Sec. 45. (a) An authorized fiduciary may not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
(1) the decanting power; or
(2) a power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to a restriction in the first-trust instrument that expressly applies to exercise of:
(1) the decanting power; or
(2) a power granted by state law to a fiduciary to distribute the principal of the trust to another trust or to modify the trust.
(c) The decanting power of an authorized fiduciary is not precluded by:
(1) a general prohibition of the amendment or revocation of a first trust;
(2) a spendthrift clause; or
(3) a clause restraining the voluntary or involuntary transfer of a beneficiary's interest.
(d) Subject to subsections (a) and (b), an authorized fiduciary may exercise the decanting power under this chapter even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute the principal of the first trust to another trust.
(e) If a first-trust instrument contains an express prohibition described in subsection (a) or an express restriction described in subsection (b), the provision must be included in the second-trust instrument.
As added by P.L.161-2022, SEC.3.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 30-4-10-45
What does Indiana Code § 30-4-10-45 cover?
Section 30-4-10-45 ("First-trust instrument restriction on decanting power") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 30-4-10-45?
A common citation format is "Indiana Code § 30-4-10-45" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 30-4-10-45 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.