Sec. 10. (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. Formerly: Acts 1971, P.L.416, SEC.3. As amended by P.L.238-2005, SEC.24.
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