Indiana Code 30-4-6-7. Filing copy of trust instrument as part of proceeding
(a) In any proceeding under IC 30-2-14, IC 30-2-15, or this article, any petitioner or other interested person, including but not limited to a trustee or beneficiary, may file a copy of the trust instrument for the trust with the court, to make the trust’s terms a part of the court’s records. If there is a dispute about whether the trust has been amended or restated or about which version of a trust instrument is a valid version, two (2) or more parties may file copies of different trust instruments or amendments so that the court is aware of their contents.
Terms Used In Indiana Code 30-4-6-7
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Court: means a court having jurisdiction over trust matters. See Indiana Code 30-4-1-2
- 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
- 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
- Venue: The geographical location in which a case is tried.
(c) Upon the filing of a copy of the trust instrument with the court, a presumption arises that the trust’s terms have been properly presented to the court. The presumption may be rebutted on a showing that:
(1) the court lacks subject matter jurisdiction over the trust; or
(2) the proceeding has not been filed in the proper venue under section 3 of this chapter.
The filing of a copy of a trust instrument under this section does not preclude any interested person from asserting claims or defenses regarding the validity, interpretation, or administration of the trust or from cross-petitioning for relief under this title.
(d) If:
(1) a trustee, beneficiary, or other interested person files a proceeding under IC 30-2-14, IC 30-2-15, or this article with respect to a trust; and
(2) a copy of the trust instrument is not filed with the court under subsection (a);
the court may order any party to file a copy of the trust instrument as a condition to entertaining or hearing a petition for substantive relief with respect to the trust.
(e) The filing of the trust instrument under subsection (a) shall not result in continuing supervisory jurisdiction by the court. Upon conclusion of the proceeding, unless otherwise ordered by the court, the clerk shall remove the trust instrument from the court’s records.
Formerly: Acts 1971, P.L.416, SEC.7. As amended by P.L.162-2022, SEC.21.