Sec. 39. (a) Upon a petition by an authorized fiduciary, a beneficiary, or a person entitled to notice under section 35 of this chapter or with respect to a charitable interest by the attorney general or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary about whether a proposed exercise of the decanting power is permitted under this chapter and consistent with the fiduciary duties of the authorized fiduciary;
(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the exercise of the decanting power is proper under this chapter and to exercise the decanting power;
(3) approve an exercise of the decanting power;
(4) determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) after applying section 52 of this chapter, the proposed or attempted exercise does not comply with this chapter; or
(B) the proposed or attempted exercise is an abuse of the fiduciary's discretion or a breach of a fiduciary duty;
(5) determine the extent section 52 of this chapter applies to a prior exercise of the decanting power;
(6) provide instructions to the trustee regarding the application of section 52 of this chapter to a prior exercise of the decanting power; or
(7) order relief to carry out the purposes of this chapter.
(b) Upon a petition by an authorized fiduciary, the court may approve:
(1) an increase in the fiduciary's compensation under section 46 of this chapter; or
(2) a modification under section 48 of this chapter of a provision granting a person the right to remove or replace the fiduciary.
As added by P.L.161-2022, SEC.3.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 10. Uniform Trust Decanting Act
30-4-10-2. "Appointive Property"
30-4-10-3. "Ascertainable Standard"
30-4-10-4. "Authorized Fiduciary"
30-4-10-6. "Beneficiary With Disability"
30-4-10-7. "Charitable Interest"
30-4-10-8. "Charitable Organization"
30-4-10-9. "Charitable Purpose"
30-4-10-11. "Current Beneficiary"
30-4-10-13. "Designated Representative"
30-4-10-14. "Expanded Distributive Discretion"
30-4-10-16. "First-Trust Instrument"
30-4-10-17. "General Power of Appointment"
30-4-10-20. "Power of Appointment"
30-4-10-22. "Presently Exercisable Power of Appointment"
30-4-10-23. "Qualified Beneficiary"
30-4-10-24. "Reasonably Definite Standard"
30-4-10-27. "Second-Trust Instrument"
30-4-10-31. "Terms of the Trust"
30-4-10-32. "Trust Instrument"
30-4-10-34. Liability for an Action or Failure to Act by a Trustee or Person
30-4-10-35. Authorized Fiduciary; Notice of Intent to Exercise Decanting Power
30-4-10-36. Notice Requirements
30-4-10-37. Effect of Notice on Exercise of Decanting Power
30-4-10-38. Notice to a Person Authorized to Represent Another Person
30-4-10-40. Exercise of Decanting Power; Written Record
30-4-10-42. Limited Distributive Discretion
30-4-10-43. Beneficiary With a Disability
30-4-10-44. Determinable Charitable Interest; Authority of the Attorney General
30-4-10-45. First-Trust Instrument Restriction on Decanting Power
30-4-10-46. Compensation of Authorized Fiduciary
30-4-10-47. Second-Trust Instrument; Liability of Authorized Fiduciary
30-4-10-48. Modification of the First-Trust Instrument
30-4-10-50. Duration of Second Trust; Property Attributable to Both First Trust and Second Trust
30-4-10-51. Discretionary Distribution
30-4-10-54. Reference to Trust Instrument or Terms of Trust Instrument
30-4-10-55. Decanting Power of a Settlor of a First Trust; Settlor Intent of Second Trust
30-4-10-56. Property Discovered After Distribution of the First Trust
30-4-10-57. Liability Against Property of a First Trust