Sec. 4. (a) Except as provided elsewhere in this article, the rules of law contained in this article shall apply to all trusts created prior to September 2, 1971, unless to do so would:
(1) adversely affect a right given to any beneficiary;
(2) give a right to any beneficiary which the beneficiary was not intended to have when the trust was created;
(3) impose a duty or liability on any person which was not intended to be imposed when the trust was created; or
(4) relieve any person from any duty or liability imposed by the terms of the trust or under prior law.
(b) Except as provided elsewhere in this article, an amendment to the rules of law contained in this article applies to all trusts created prior to the effective date of the applicable amendment unless to do so would:
(1) adversely affect a right given to any beneficiary;
(2) give a right to any beneficiary that the beneficiary was not intended to have when the trust was created;
(3) impose a duty or liability on any person that was not intended to be imposed when the trust was created; or
(4) relieve any person from any duty or liability imposed by the terms of the trust or under prior law.
Formerly: Acts 1971, P.L.416, SEC.2. As amended by Acts 1982, P.L.171, SEC.117; P.L.149-2012, SEC.11.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
30-4-1-1.5. Ic 30-2-4 and Ic 30-2-5 Not Repealed
30-4-1-3. Application and Interpretation of Rules of Law and Terms of Trust
30-4-1-5. Construction of Pronouns
30-4-1-6. Construction of Singular Number
30-4-1-7. Trust Code Study Commission Report
30-4-1-8. Effect of Requirement of Exercising Power of Appointment by Reference
30-4-1-9. Specific Indication of Power of Appointment Required
30-4-1-10. Distribution Under Laws of Intestate Succession When Manner Not Specified