Sec. 24.4. (a) The court may modify the administrative or dispositive terms of a trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
(b) The court may modify the administrative terms of a trust or terminate the trust if:
(1) the purpose of the trust has been fulfilled; or
(2) continuation of the trust on the trust's existing terms would:
(A) be illegal, impossible, impracticable, or wasteful; or
(B) impair the trust's administration.
(c) If the trust terminates under this section, the court shall direct the trustee to distribute the trust property in a manner consistent with the purposes of the trust.
(d) The court may modify the terms of a trust to give the settlor the power to revoke and modify the trust if the:
(1) settlor intended to reserve the power;
(2) settlor believed the power was reserved; and
(3) power was omitted from the terms of the trust by mistake.
As added by P.L.238-2005, SEC.35.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
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
30-4-3-3.2. 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
30-4-3-7. 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
30-4-3-24.4. 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
30-4-3-29. 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
30-4-3-32. 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