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