Indiana Code
Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust
30-4-3-1.5. Revocation or Amendment of Trust by Settlor

Sec. 1.5. (a) This subsection applies to a trust created under an instrument executed after June 30, 2005. Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.
(b) This subsection applies to a revocable trust created or funded by at least two (2) settlors. Unless the terms of the trust provide otherwise:
(1) to the extent the trust consists of community property, the trust may be:
(A) revoked by either spouse acting alone; and
(B) amended only by the joint action of both spouses; and
(2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the part of the trust property attributable to that settlor's contribution.
(c) The settlor may revoke or amend a revocable trust as follows:
(1) The settlor may comply with a method provided in the terms of the trust.
(2) If the terms of the trust do not provide a method or the terms of the trust provide a method that is not expressly made the exclusive method to revoke or amend the trust, the settlor may revoke or amend the trust by:
(A) executing a later will or codicil that:
(i) expressly refers to the trust; or
(ii) specifically devises property that would otherwise have passed according to the terms of the trust; or
(B) any other method that:
(i) is in writing; and
(ii) manifests clear and convincing evidence of the settlor's intent.
(d) If a revocable trust is revoked, the trustee shall deliver the trust property as the settlor directs.
(e) A settlor's powers with respect to revocation, amendment, and distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power of attorney.
(f) A guardian of a settlor may exercise the settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the guardianship.
(g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been revoked or amended.
As added by P.L.238-2005, SEC.30.

Structure Indiana Code

Indiana Code

Title 30. Trusts and Fiduciaries

Article 4. Trust Code

Chapter 3. Rules Governing the Rights, Powers, Duties, Liabilities, and Remedies of the Parties to a Trust

30-4-3-1. Repealed

30-4-3-1.3. Revocable Trusts; Powers of Settlor; Duties of Trustees

30-4-3-1.5. Revocation or Amendment of Trust by Settlor

30-4-3-2. Power to Restrain Transfer of a Beneficiary's Interest

30-4-3-3. Powers of Trustees

30-4-3-3.2. Perpetual Care Fund Trusts; Trustee Withdrawals

30-4-3-4. Exercise of Powers by Multiple, Successor, or Surviving Trustees

30-4-3-5. Conflict of Interest in Exercise of Powers

30-4-3-6. Duties of Trustee

30-4-3-6.5. Liability of Trustee for Lack of Knowledge of Event Affecting Administration or Distribution of Trust

30-4-3-7. Self-Dealing; Transactions Between Trusts

30-4-3-7.5. Transactions Authorized

30-4-3-8. Duties of Co-Trustees

30-4-3-9. Duty of Trustee Under Control of Third Persons

30-4-3-10. Liability to Third Persons

30-4-3-11. Potential Liability of Trustee to Beneficiary; Remedies; Removal of Trustee

30-4-3-12. Liability for Breach of Trust by Co-Trustee

30-4-3-13. Liability of a Successor Trustee

30-4-3-14. Contribution and Indemnity

30-4-3-15. Remedies of Trustee Against Third Persons

30-4-3-16. Remedies Among Co-Trustees

30-4-3-17. Remedies of Trustee Against Beneficiary

30-4-3-18. Other Remedies of the Trustee

30-4-3-19. Relief of Trustee's Liability for Breach of Trust

30-4-3-20. Liability of Beneficiary

30-4-3-21. Remedies of Beneficiary Against Third Persons

30-4-3-22. Remedies of the Beneficiary Against the Trustee

30-4-3-23. Remedy of a Beneficiary Against a Co-Beneficiary

30-4-3-24. Repealed

30-4-3-24.4. Modification or Termination of Trust by Court

30-4-3-24.5. Termination by Trustee of Trust With Value Less Than $75,000

30-4-3-25. Rescission and Reformation

30-4-3-25.5. Distribution of Terminated Trust; Payment of Federal and State Taxes

30-4-3-26. Power to Direct a Deviation From the Terms of the Trust

30-4-3-27. Cy Pres Doctrine

30-4-3-28. Repealed

30-4-3-29. Removal, Resignation, and Appointment of Trustees

30-4-3-29.3. Power to Appoint a Successor Trustee

30-4-3-29.5. Corporate Trustee That Acquires Trust Due to Change in Control

30-4-3-30. Effect of This Article on the Court's Equity Powers

30-4-3-31. Judicial Modification of Trusts for Benevolent Public Purpose and Certain Transfers Not in Trust; Federal Compliance

30-4-3-32. Trustee's Liability for Breach of Trust

30-4-3-33. Trustee Vacancies; Priority for Filling Vacancy

30-4-3-34. Petition to Determine Heirs and Interests in Trust Estate

30-4-3-35. Matrimonial Trusts; Election; Effect of the Death of a Spouse or the Dissolution of the Marriage; Revocation

30-4-3-36. Repealed

30-4-3-37. Unclaimed Trust Shares; Disposition Procedures