Ind. Code » Title 30
Indiana Code

Ind. Code § 30-4-3-5 (2026)

Conflict of interest in exercise of powers

✓ current as of May 2026
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     Sec. 5. (a) If the duty of the trustee in the exercise of any power conflicts with the trustee's individual interest or the trustee's interest as trustee of another trust, the power may be exercised only under one (1) of the following circumstances:

(1) The trustee receives court authorization to exercise the power with notice to interested persons as the court may direct.

(2) The trustee gives notice of the proposed action in accordance with IC 30-2-14-16 and:

(A) the trustee receives the written authorization of all interested persons to the proposed action within the period specified in the notice of the proposed action; or

(B) a beneficiary objects to the proposed action within the period specified in the notice of the proposed action, but the trustee receives court authorization to exercise the power.

(3) The exercise of the power is specifically authorized by the terms of the trust.

     (b) For purposes of this section, the interest of an affiliate of the trustee will be deemed to be the interest of the trustee.

Formerly: Acts 1971, P.L.416, SEC.4. As amended by P.L.61-2006, SEC.7.

 

Notes of Decisions
Cited in 8 cases, 2008–2019 · leading case: Brenda Sue Gittings & Marc Richmond Gittings v. William H. Deal, 109 N.E.3d 963 (Ind. 2018).
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Brenda Sue Gittings & Marc Richmond Gittings v. William H. Deal, 109 N.E.3d 963 (Ind. 2018). · cites it 4× “61-2006, § 7 (codified at Ind. Code § 30-4-3-5 (a)(3) (2018) ). William argues that the NDR Trust Agreement specifically authorized Georgia's actions as co-trustee of NDR Trust A.”
In Re Guardianship of Stalker, 953 N.E.2d 1094 (Ind. Ct. App. 2011). · cites it 4× “I.C. § 30-4-3-5(a). In addition, any "transaction involving the property that is affected by a substantial conflict between the interest of the protected person and the guardian's personal interest is void *1106 unless approved by the court.”
Brenda Sue Gittings & Marc Richmond Gittings v. William H. Deal, 84 N.E.3d 749 (Ind. Ct. App. 2017). · cites it 4× “The Gittingses point out that, at the time of the transfers in 1995, Indiana Code Section 30-4-3-5 provided: (a) If the duty of the trustee in the exercise of any power conflicts with his individual interest or his interest as trustee of another trust, the power may be exercised…”
Huff v. Huff, 892 N.E.2d 1241 (Ind. Ct. App. 2008). · cites it 3× “Moreover, at the time of Wayne’s conveyance of the forty-five acre parcel, IncLCode § 30-4-3-5 provided: “[I]f the duty of the trustee in the exercise of any power conflicts with his individual interest or his interest as trustee of another trust, the power may be exercised only…”
Eiteljorg v. Eiteljorg, 951 N.E.2d 565 (Ind. Ct. App. 2011). · cites it 2× “6) to seek court authority to act where conflicts of interest exist, Ind.Code § 30-4-3-5. 7) to comply with the prudent investor rule, Ind.”
Trent v. Nat'l City Bank of Indiana, 918 N.E.2d 646 (Ind. Ct. App. 2009). · cites it 4× “Additionally, Robert alleged that the Bank violated Indiana Code section 30-4-3-5 by assuming a role as trustee of both the JEK and MDK Trusts.”
Stalker v. Pierce, 953 N.E.2d 1094 (Ind. Ct. App. 2011). · cites it 4× “I.C. § 30-4-3-5(a). In addition, any “transaction involving the property that is affected by a substantial conflict between the interest of the protected person and the guardian’s personal interest is void *1106 unless approved by the court.”
In the Matter of the Living Trust Agreement of Virgil C. Morningstar & Agnes M. Morningstar, Teresa J. Morningstar v. Nina Fortunka & STAR Fin. Bank (Ind. Ct. App. 2019). · cites it 3× “16 [34] Ind. Code § 30-4-3-5 provides: If the duty of the trustee in the exercise of any power conflicts with the trustee’s individual interest or the trustee’s interest as trustee of another trust, the power may be exercised only under one (1) of the following circumstances:…”
Ind. Code § 30-4-3-5(a): 4 cases
In Re Guardianship of Stalker, 953 N.E.2d 1094 (Ind. Ct. App. 2011). “I.C. § 30-4-3-5(a). In addition, any "transaction involving the property that is affected by a substantial conflict between the interest of the protected person and the guardian's personal interest is void *1106 unless approved by the court.”
Huff v. Huff, 892 N.E.2d 1241 (Ind. Ct. App. 2008). “Moreover, at the time of Wayne’s conveyance of the forty-five acre parcel, IncLCode § 30-4-3-5 provided: “[I]f the duty of the trustee in the exercise of any power conflicts with his individual interest or his interest as trustee of another trust, the power may be exercised only…”
Trent v. Nat'l City Bank of Indiana, 918 N.E.2d 646 (Ind. Ct. App. 2009). “Additionally, Robert alleged that the Bank violated Indiana Code section 30-4-3-5 by assuming a role as trustee of both the JEK and MDK Trusts.”
Stalker v. Pierce, 953 N.E.2d 1094 (Ind. Ct. App. 2011). “I.C. § 30-4-3-5(a). In addition, any “transaction involving the property that is affected by a substantial conflict between the interest of the protected person and the guardian’s personal interest is void *1106 unless approved by the court.”
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