Sec. 11. (a) If the trustee is a natural person, the trustee must have the capacity to take, hold, and deal with property for the trustee's own benefit and must be at least eighteen (18) years of age, be of sound mind and of good moral character.
(b) If the trustee is a corporation, it must have the power to take, hold, and deal with property for its own benefit and have the power to act as a trustee.
(c) Subject to section 8 of this chapter, the fact that the person named to be trustee is also a beneficiary will not disqualify the person from acting as trustee if the person is otherwise qualified.
Formerly: Acts 1971, P.L.416, SEC.3; Acts 1973, P.L.293, SEC.6. As amended by P.L.86-2018, SEC.214.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 2. Rules Governing the Creation of Trusts
30-4-2-1.5. Trust Not Created by Will; Requirements
30-4-2-2. Acceptance by Trustee
30-4-2-5. Life Insurance Trusts
30-4-2-6. Nature of Trustee's Estate
30-4-2-7. Nature of Beneficiary's Estate
30-4-2-9. Necessity of Powers or Duties
30-4-2-10. Capacity of Settlor
30-4-2-11. Capacity of Trustee
30-4-2-13. Application of Statute of Uses
30-4-2-14. Assignment of Beneficiary's Interest
30-4-2-15. Divorce or Annulment of Marriage; Effect on Revocable Trust