Ind. Code § 30-4-2-10

Current through P.L. 171-2024
Section 30-4-2-10 - Capacity of settlor
(a) If a trust is created by a will, the settlor's capacity that is required to create the trust is determined by the applicable probate law.
(b) The capacity of a settlor that is required to create, amend, revoke, or add property to a revocable trust is the same as the capacity of a testator that is required to make a will.
(c) To create or add property to an irrevocable trust, the settlor or transferor must be of sound mind and have a reasonable understanding of the nature and effect of the act and the terms of the trust.
(d) To direct the actions of the trustee of a trust, the settlor or other person must:
(1) have the capacity to hold and deal with property for the settlor's or person's own benefit;
(2) be at least eighteen (18) years of age; and
(3) be of sound mind.

IC 30-4-2-10

(Formerly: Acts1971 , P.L. 416, SEC.3.) As amended by P.L. 238-2005, SEC.24.