Sec. 15. If a party challenges a settlor or a beneficiary's influence over a trust, none of the following factors, alone or in combination, may be considered dominion and control over a trust:
(1) A beneficiary serving as a trustee or co-trustee.
(2) The settlor or beneficiary holds an unrestricted power to remove or replace a trustee.
(3) The settlor or a beneficiary:
(A) is a trust administrator, a general partner of a partnership, a manager of a limited liability company, or an officer of a corporation; or
(B) has any other managerial function in any other entity;
that is owned in whole or in part by the trust.
(4) A person related by blood or adoption to a settlor or beneficiary is appointed as trustee.
(5) An agent, accountant, attorney, financial adviser, or friend of the settlor or a beneficiary is appointed as trustee.
(6) A business associate of the settlor or a beneficiary is appointed as trustee.
(7) A beneficiary holds any power of appointment over part or all of the trust property.
(8) The settlor holds a power to substitute property of equivalent value.
(9) The trustee may loan trust property to the settlor for less than a full and adequate rate of interest or without adequate security.
(10) The trust contains broad purposes or highly discretionary distribution language.
(11) The trust has only one (1) beneficiary eligible for current distributions.
As added by P.L.6-2010, SEC.15.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 2.1. Rules for Interpretation of Trusts
30-4-2.1-3. No Contest Provision Enforceable; Exceptions
30-4-2.1-4. Children Born After Trust's Creation
30-4-2.1-5. Mistaken Belief That Settlor's Child Deceased
30-4-2.1-6. Void, Revoked, or Lapsed Devise
30-4-2.1-7. Beneficiary Predeceases Settlor
30-4-2.1-8. Kindred of the Half Blood
30-4-2.1-9. Applicability of Adultery and Abandonment Forfeiture Provisions
30-4-2.1-11. Written Statement or List Disposing of Tangible Personal Property
30-4-2.1-11.1. Trust Referencing Writing; Effect to Be Given to Writing
30-4-2.1-12. Order of Abatement; Other Rules Governing Abatement
30-4-2.1-14. Rules of Interpretation Concerning Discretionary Interests
30-4-2.1-14.5. "Discretionary Interest"; Rules of Construction
30-4-2.1-15. Rules of Interpretation Concerning a Beneficiary's Influence Over a Trust
30-4-2.1-16. Rules of Interpretation Concerning a Trustee's Independence From the Settlor