Sec. 3. (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.
‹ Prev All Indiana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.