Ind. Code » Title 30
Indiana Code

Ind. Code § 30-4-1-4 (2026)

Application of article to preexisting trusts; application of amendments to preexisting trusts

✓ current as of May 2026
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     Sec. 4. (a) Except as provided elsewhere in this article, the rules of law contained in this article shall apply to all trusts created prior to September 2, 1971, unless to do so would:

(1) adversely affect a right given to any beneficiary;

(2) give a right to any beneficiary which the beneficiary was not intended to have when the trust was created;

(3) impose a duty or liability on any person which was not intended to be imposed when the trust was created; or

(4) relieve any person from any duty or liability imposed by the terms of the trust or under prior law.

     (b) Except as provided elsewhere in this article, an amendment to the rules of law contained in this article applies to all trusts created prior to the effective date of the applicable amendment unless to do so would:

(1) adversely affect a right given to any beneficiary;

(2) give a right to any beneficiary that the beneficiary was not intended to have when the trust was created;

(3) impose a duty or liability on any person that was not intended to be imposed when the trust was created; or

(4) relieve any person from any duty or liability imposed by the terms of the trust or under prior law.

Formerly: Acts 1971, P.L.416, SEC.2. As amended by Acts 1982, P.L.171, SEC.117; P.L.149-2012, SEC.11.

 

Notes of Decisions
Cited in 3 cases, 1980–2013 · leading case: Paloutzian v. Taggart, 931 N.E.2d 921 (Ind. Ct. App. 2010).
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Paloutzian v. Taggart, 931 N.E.2d 921 (Ind. Ct. App. 2010). · cites it 50× “Ind.Code Ann. § 30-4-1-4 (West 2009) (emphases added).”
Harold O. Fulp, Jr. v. Nancy A. Gilliland, 998 N.E.2d 204 (Ind. 2013). · cites it 2× “" IC. § 30-4-1-4(b) (Supp.2013). As detailed above, this statute captures Ruth's intent, and does not adversely affect the rights of any of the beneficiary children because their rights were subject to Ruth's right as settlor to revoke the Trust.”
Hinds v. McNair, 413 N.E.2d 586 (Ind. Ct. App. 1980). “Code 30 4-2-1, effective September 2, 1971 retroactively requires a writing in actions to enforce a trust by virtue of Ind.Code 30-4-1-4 which provides in pertinent part: “Except as provided elsewhere in this article, the rules of law contained in this article shall apply to all…”
Ind. Code § 30-4-1-4(1): 1 case
Paloutzian v. Taggart, 931 N.E.2d 921 (Ind. Ct. App. 2010). “Ind.Code Ann. § 30-4-1-4 (West 2009) (emphases added).”
Ind. Code § 30-4-1-4(b): 1 case
Harold O. Fulp, Jr. v. Nancy A. Gilliland, 998 N.E.2d 204 (Ind. 2013). “" IC. § 30-4-1-4(b) (Supp.2013). As detailed above, this statute captures Ruth's intent, and does not adversely affect the rights of any of the beneficiary children because their rights were subject to Ruth's right as settlor to revoke the Trust.”
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