Ind. Code § 30-4-2.1-3

Current through P.L. 220-2021
Section 30-4-2.1-3 - No contest provision enforceable; exceptions

(a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision.
(b) Subsection (a) does not apply to the following proceedings:
(1) An action brought by a beneficiary if good cause is found by a court.
(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.

IC 30-4-2.1-3

Amended by P.L. 163-2018,SEC. 14, eff. 7/1/2018.
As added by P.L. 4-2003, SEC.7.