Indiana Code
Chapter 10. Uniform Trust Decanting Act
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.

Structure Indiana Code

Indiana Code

Title 30. Trusts and Fiduciaries

Article 4. Trust Code

Chapter 10. Uniform Trust Decanting Act

30-4-10-1. Application

30-4-10-2. "Appointive Property"

30-4-10-3. "Ascertainable Standard"

30-4-10-4. "Authorized Fiduciary"

30-4-10-5. "Beneficiary"

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"

30-4-10-10. "Court"

30-4-10-11. "Current Beneficiary"

30-4-10-12. "Decanting Power"

30-4-10-13. "Designated Representative"

30-4-10-14. "Expanded Distributive Discretion"

30-4-10-15. "First Trust"

30-4-10-16. "First-Trust Instrument"

30-4-10-17. "General Power of Appointment"

30-4-10-18. "Jurisdiction"

30-4-10-19. "Person"

30-4-10-20. "Power of Appointment"

30-4-10-21. "Powerholder"

30-4-10-22. "Presently Exercisable Power of Appointment"

30-4-10-23. "Qualified Beneficiary"

30-4-10-24. "Reasonably Definite Standard"

30-4-10-25. "Record"

30-4-10-26. "Second Trust"

30-4-10-27. "Second-Trust Instrument"

30-4-10-28. "Settlor"

30-4-10-29. "Sign"

30-4-10-30. "State"

30-4-10-31. "Terms of the Trust"

30-4-10-32. "Trust Instrument"

30-4-10-33. Fiduciary Duty

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

30-4-10-39. Petition to Determine the Permissibility of the Decanting Power; Judicial Modification of Fiduciary Compensation

30-4-10-40. Exercise of Decanting Power; Written Record

30-4-10-41. Exercise of Decanting Power and Distributive Discretion; Limitations; General or Nongeneral Appointment

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

30-4-10-49. Applicable Rules

30-4-10-50. Duration of Second Trust; Property Attributable to Both First Trust and Second Trust

30-4-10-51. Discretionary Distribution

30-4-10-52. Second-Trust Instrument; Noncompliant Provision; Corrective Action for Exercise of Decanting Power on a Noncompliant Provision

30-4-10-53. Animal Trust

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

30-4-10-58. Uniformity of the Law

30-4-10-59. Interpretation With Respect to the Electronic Signatures in Global and National Commerce Act

30-4-10-60. Severability