Indiana § 30-4-10-52 - Second-trust instrument; noncompliant provision; corrective action for exercise of decanting power on a noncompliant provision
Full text of Indiana Indiana Code § 30-4-10-52 — Second-trust instrument; noncompliant provision; corrective action for exercise of decanting power on a noncompliant provision, with citation guidance and answers to common questions.
§ 30-4-10-52. Second-trust instrument; noncompliant provision; corrective action for exercise of decanting power on a noncompliant provision
Sec. 52. (a) If exercise of the decanting power would be effective under this chapter except that the second-trust instrument in part does not comply with this chapter, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
(1) A provision in the second-trust instrument that is not permitted under this chapter is void to the extent necessary to comply with this chapter.
(2) A provision required by this chapter to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this chapter.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
As added by P.L.161-2022, SEC.3.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 30-4-10-52
What does Indiana Code § 30-4-10-52 cover?
Section 30-4-10-52 ("Second-trust instrument; noncompliant provision; corrective action for exercise of decanting power on a noncompliant provision") 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 § 30-4-10-52?
A common citation format is "Indiana Code § 30-4-10-52" (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 § 30-4-10-52 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.