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30-4-3-5. Conflict of interest in exercise of powers

IN Code § 30-4-3-5 (2019) (N/A)
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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.

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