Sec. 55. (a) For purposes of law of this state other than this chapter and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(b) In determining settlor intent with respect to a second trust, a settlor of the first trust, a settlor of the second trust, and the authorized fiduciary may be considered.
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