Indiana Code
Ind. Code § 30-4-3-30 (2026)
Effect of this article on the court's equity powers
✓ current as of May 2026
Sec. 30. (Effect of This Article on the Court's Equity Powers)
Except as otherwise provided in this article, the article shall not be construed to limit the general equity powers of the court over the administration of trusts.
Formerly: Acts 1971, P.L.416, SEC.4.
Notes of Decisions
Cited in 3
cases, 1996–2020 · leading case: Malachowski v. Bank One, Indianapolis, N.A., 682 N.E.2d 530 (Ind. 1997).
Malachowski v. Bank One, Indianapolis, N.A., 682 N.E.2d 530 (Ind. 1997). “Indiana Code Section 30-4-3-22(e), which provides for attorney fees when a beneficiary successfully maintains an action under this provision, limits the equitable discretion of the court to deny attorney fees.”
United States v. Smith, 950 F. Supp. 1394 (N.D. Ind. 1996). “Ind.Code 30-4-3-30. The court has examined the declaration of trust, order of modification, and affidavits of the Smiths for evidence of fraud at the time of creating the Trust.”
William H. Deal v. Brenda Sue Gittings & Marc Richmond Gittings (Ind. Ct. App. 2020). “We look only to the evidence and inferences therefrom supporting the judgment, neither reweighing the evidence nor judging the credibility of witnesses, and will reverse 3 Indiana Code section 30-4-3-30 provides that “[e]xcept as otherwise provided in this article, the article…”
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