Sec. 8. (a) If the settlor transfers both the title and the entire equitable interest in property to the same person as both the sole trustee and the sole beneficiary, no trust will be deemed to have been created and the transferee shall treat the property as the transferee's own.
(b) Except as provided in subsection (c), if the title to the trust property and the entire beneficial interest becomes united in one (1) person the trust terminates. If:
(1) a beneficiary is serving as trustee; and
(2) the trust creates an interest in a beneficiary who is not the trustee, whether the interest is contingent or vested;
the entire beneficial interest shall not be construed to be united in one (1) person.
(c) The title to the trust property and the entire beneficial interest shall not become united in a beneficiary whose interest is protected under a trust with protective provisions, and in that case the court shall appoint a new trustee to administer the trust for the beneficiary's benefit.
Formerly: Acts 1971, P.L.416, SEC.3. As amended by P.L.200-1991, SEC.2.
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