Indiana Code 30-4-1.5-10. Affidavit of regularity
“Affidavit of Regularity for Electronic Trust Instrument
Terms Used In Indiana Code 30-4-1.5-10
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: has the meaning set forth in IC 30-2-14-9. See Indiana Code 30-4-1-2
- Settlor: means a person who establishes a trust including the testator of a will under which a trust is created. See Indiana Code 30-4-1-2
- Trust instrument: means an instrument, agreement, or other written document executed by the settlor that contains the terms of the trust, including any amendments to the terms of the trust. See Indiana Code 30-4-1-2
- Trustee: A person or institution holding and administering property in trust.
- Trustee: has the meaning set forth in IC 30-2-14-13. See Indiana Code 30-4-1-2
(A) The electronic record for the electronic trust instrument.
(B) A complete converted copy of the electronic trust instrument of (insert name of settlor), which was electronically executed on (insert date of electronic signing or insert reference to time stamp).
(2) (Insert client number, customer number, document number, or other unique identifier as applicable) is the unique identifier that the undersigned person assigned to this electronic trust instrument in the undersigned person’s records.
(3) The undersigned person believes that the settlor (circle one the following options):
(A) Is alive.
(B) Died on or about (insert date of death) and believes that the trust is currently (circle one (1) of the following options):
(i) Revocable.
(ii) Irrevocable.
(4) The undersigned person is (circle all of the following that apply):
(A) Transferring custody of the electronic record for the electronic trust instrument to the living settlor of the electronic trust instrument.
(B) Transferring custody of the electronic record for the electronic trust instrument to (insert name and address of successor custodian).
(C) Transferring a complete converted copy of the electronic trust instrument to (insert name and address of authorized recipient).
(D) Transferring a complete converted copy of the electronic trust instrument to the clerk of the (insert name the court) that would have subject matter jurisdiction over the trust.
(5) The undersigned person is transferring or submitting the electronic record in the following format: (specify format).
(6) If the undersigned person is transferring or submitting the electronic record for the electronic trust instrument, the undersigned person affirms, under penalty of perjury, that the electronic record has been in the undersigned person’s possession or control for the period stated in paragraph (1) and that during this period, the electronic record showed no indication of unauthorized alteration or tampering.
(7) The undersigned person affirms, under penalty of perjury, that (circle one (1) of the following options):
(A) The undersigned person has no knowledge of the settlor’s later execution of any document that amends, revokes, or supersedes the electronic trust instrument described in paragraph (1).
(B) The undersigned believes that the settlor purportedly amended or revoked the electronic trust instrument described in paragraph (1) on (insert date if known or approximate time frame if date is not known), by (insert known details concerning the settlor’s amendment or revocation).
(8) The undersigned person is (circle all of the following that apply):
(A) The living settlor who executed the electronic trust instrument.
(B) An attorney admitted to practice law in the state of Indiana.
(C) A currently serving trustee named in or appointed under the terms of the trust.
(D) An attorney in fact or other person acting on written authority of the settlor.
(E) A successor trustee nominated in the electronic trust instrument.
(F) An interested person with respect to the administration of the trust.
(G) A custodian currently in compliance with all applicable requirements under IC 29-1-21-10.
(9) (Insert date and time of custodian or other person’s signature).
(10) (Insert name and signature of custodian or other person signing. Insert job title or position of signatory if signatory is not an individual (natural person).”.
As added by P.L.40-2018, SEC.3.