§ 30-4-2.1-1 Construction
§ 30-4-2.1-2 Adopted children
§ 30-4-2.1-3 No contest provision enforceable; exceptions
§ 30-4-2.1-4 Children born after trust’s creation
§ 30-4-2.1-5 Mistaken belief that settlor’s child deceased
§ 30-4-2.1-6 Void, revoked, or lapsed devise
§ 30-4-2.1-7 Beneficiary predeceases settlor
§ 30-4-2.1-8 Kindred of the half blood
§ 30-4-2.1-9 Applicability of adultery and abandonment forfeiture provisions
§ 30-4-2.1-11 Written statement or list disposing of tangible personal property
§ 30-4-2.1-11.1 Trust referencing writing; effect to be given to writing
§ 30-4-2.1-12 Order of abatement; other rules governing abatement
§ 30-4-2.1-14 Rules of interpretation concerning discretionary interests
§ 30-4-2.1-14.5 “Discretionary interest”; rules of construction
§ 30-4-2.1-15 Rules of interpretation concerning a beneficiary’s influence over a trust
§ 30-4-2.1-16 Rules of interpretation concerning a trustee’s independence from the settlor
§ 30-4-2.1-17 Limits on creditors of beneficiaries who may replace or remove a trustee or who are also trustees or co-trustees

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Terms Used In Indiana Code > Title 30 > Article 4 > Chapter 2.1 - Rules for Interpretation of Trusts

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Child: includes an adopted child or a child that is in gestation before the death of a deceased parent and born within forty-three (43) weeks after the death of that parent. See Indiana Code 30-4-1-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means a court having jurisdiction over trust matters. See Indiana Code 30-4-1-2
  • Devise: To gift property by will.
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Income: except as otherwise stated in a trust agreement, has the meaning set forth in IC 30-2-14-4. See Indiana Code 30-4-1-2
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • 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

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: has the meaning set forth in IC 30-2-14-9. See Indiana Code 30-4-1-2
  • Principal: has the meaning set forth in IC 30-2-14-10. See Indiana Code 30-4-1-2
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • 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.
  • 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
  • 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