Sec. 13. (a) For purposes of IC 29-3 , IC 30-5 , and IC 32-39 : (1) the electronic record for an electronic trust instrument is a "digital asset" as defined in IC 32-39-1-10 ; (2) the electronic record for an electronic trust instrument is not an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12 ; (3) the digital or electronic transfer of an electronic record for an electronic trust instrument between any two (2) persons other than the settlor and the settlor's attorney is an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12 ; (4) a custodian of an electronic trust instrument is also a "custodian" as defined in IC 32-39-1-8 ; and (5) the: (A) settlor of an electronic trust instrument; (B) trustee of a trust; or (C) attorney representing the settlor, trustee, or another person with authorized possession of or authorized access to the electronic record for an electronic trust instrument; is a "user" for purposes of IC 32-39 if the settlor, trustee, attorney, or other authorized person contracts with another person to store the electronic record for the electronic trust instrument. (b) The execution or revocation of an electronic trust instrument may be a contract of a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-sign Act (15 U.S.C. 7001). (c) The execution or revocation of an electronic trust instrument is subject to IC 26-2-8 unless there is a conflict between IC 26-2-8 and any provision contained in this article. In the event of a conflict between IC 26-2-8 and a provision of this article, the provision in this article shall control. IC 30-4-2 Chapter 2. Rules Governing the Creation of Trusts 30-4-2-1 Written evidence of terms; definite terms; validity of inter vivos trust; existence of trust beneficiaries; creation of trust by exercise of power of appointment 30-4-2-1.5 Trust not created by will; requirements 30-4-2-2 Acceptance by trustee 30-4-2-3 Repealed 30-4-2-4 Repealed 30-4-2-5 Life insurance trusts 30-4-2-6 Nature of trustee's estate 30-4-2-7 Nature of beneficiary's estate 30-4-2-8 Merger of estates 30-4-2-9 Necessity of powers or duties 30-4-2-10 Capacity of settlor 30-4-2-11 Capacity of trustee 30-4-2-12 Illegality 30-4-2-13 Application of statute of uses 30-4-2-14 Assignment of beneficiary's interest 30-4-2-15 Divorce or annulment of marriage; effect on revocable trust 30-4-2-16 Election by surviving spouse to take share against settlor's will; distribution of remainder 30-4-2-17 Valid purposes of charitable trust; selection of purpose or beneficiary if not specified by trust 30-4-2-18 Trust for care of animal 30-4-2-19 Trust for noncharitable purpose
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