Indiana Code 30-4-2.1-3. No contest provision enforceable; exceptions
(b) Subsection (a) does not apply to the following proceedings:
Terms Used In Indiana Code 30-4-2.1-3
- 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
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: has the meaning set forth in IC 30-2-14-2. See Indiana Code 30-4-1-2
- Charitable trust: means a trust in which all the beneficiaries are the general public or organizations, including trusts, corporations, and associations, and that is organized and operated wholly for religious, charitable, scientific, public safety testing, literary, or educational purposes. See Indiana Code 30-4-1-2
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Court: means a court having jurisdiction over trust matters. See Indiana Code 30-4-1-2
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- No contest provision: refers to a provision of a trust instrument that, if given effect, would reduce or eliminate the interest of a beneficiary of the trust who, directly or indirectly, initiates or otherwise pursues:
Indiana Code 30-4-1-2
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
(2) An action brought by a trustee or other fiduciary serving under the terms of the trust that incorporates a no contest provision, unless the trustee or other fiduciary is a beneficiary against whom the no contest provision is otherwise enforceable.
(3) An agreement, including a nonjudicial settlement agreement, among beneficiaries and any other interested persons to settle or resolve any other matter relating to a trust.
(4) An action to determine whether a proposed or pending motion or proceeding constitutes a contest.
(5) An action brought by or on behalf of a beneficiary to seek a ruling regarding the construction or interpretation of a trust.
(6) An action or objection brought by a beneficiary, executor, or other fiduciary that seeks a ruling on proposed distributions, fiduciary fees, or any other matter where a court has discretion, including actions under IC 30-4-3-22.
(7) An action brought by the attorney general that:
(A) seeks a ruling regarding the construction or interpretation of:
(i) a charitable trust or a trust containing a charitable interest; or
(ii) a no contest provision contained in a trust that purports to penalize a charity or charitable interest; or
(B) institutes any other proceedings relating to a trust if good cause is shown to do so.
As added by P.L.4-2003, SEC.7. Amended by P.L.163-2018, SEC.14.