Indiana Code 30-4-6-14. Contesting validity of revocable or irrevocable trust; time limits; notice requirements; petition
(1) Ninety (90) days after the person receives from the trustee, the settlor, or the agent of the trustee or settlor, a copy of a trust certification required by IC 30-4-4-5 and a notice that:
Terms Used In Indiana Code 30-4-6-14
- Allegation: something that someone says happened.
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Judicial proceeding: means a proceeding involving a trust before a court having subject matter jurisdiction of the trust, whether or not the administration of the trust is governed by Indiana law. See Indiana Code 30-4-1-2
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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
- Trust property: means property either placed in trust or purchased or otherwise acquired by the trustee for the trust regardless of whether the trust property is titled in the name of the trustee or the name 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
(B) states the trustee’s name and address;
(C) states:
(i) the person’s interest in the trust, as described in the trust document; or
(ii) that the person has no interest in the trust; and
(D) states the time allowed for commencing the proceeding.
(2) Three (3) years after the settlor’s death.
(b) If a notice under subsection (a) pertains to a trust created by a settlor who is still living, the settlor, the trustee, or the agent of the settlor or trustee must send a complete copy of the trust instrument for that trust with the notice to each person to whom the notice under subsection (a) is sent.
(c) More than one hundred twenty (120) days after the death of the settlor of a trust that was revocable at the settlor’s death, the trustee may distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for the distribution unless:
(1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(2) a potential contestant notifies the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced not later than sixty (60) days after the contestant sends the trustee the notification.
(d) A beneficiary of a trust that is determined to be invalid shall return any distribution received.
(e) The complaint or petition for a proceeding filed under subsection (a) must name all of the following, if they exist or are living, as party defendants:
(1) The settlor.
(2) The settlor’s spouse.
(3) Each qualified beneficiary identified by name or discernable as part of a class identified in the trust instrument.
(4) The currently serving trustee or first priority successor trustee identified in the trust instrument.
(5) Any other person who received a notice under subsection (a).
(f) Notice of the filing of a complaint or petition under subsection (a) must be served upon each party defendant as required by the Indiana Rules of Trial Procedure.
(g) The burden of proving an allegation set forth in a complaint or petition that is filed under subsection (a) is on the person who commenced the proceeding.
(h) The failure of a trustee to adhere to the requirements of this section may not be offered or cited as evidence that a trust is not valid.
(i) If a notice sent under subsection (a) is concerning a revocable or irrevocable trust and the trust is later:
(1) amended;
(2) restated; or
(3) lawfully modified;
a person who received the written notice is not precluded from commencing a proceeding to contest the validity of the amended, restated, or modified trust.
As added by P.L.238-2005, SEC.46. Amended by P.L.51-2014, SEC.26; P.L.38-2023, SEC.18.