Section 30-4-1.5-11 - Prima facie evidence of validity(a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic trust instrument to other custodians, other authorized persons, or to the settlor: (1) the electronic record, including any accompanying document integrity evidence (if applicable) is prima facie evidence of:(A) the validity of the electronic trust instrument; and(B) freedom from unauthorized alteration or tampering unless evidence of alteration or tampering is evident on the face of the electronic record;(2) a complete converted copy of an electronic trust instrument is prima facie evidence of: (A) the validity of the electronic trust instrument; and(B) freedom from unauthorized alteration or tampering; if the electronic trust instrument was executed in compliance with this chapter; and
(3) except when required by an order of the court, a custodian or other person is not required to make or issue an affidavit regarding the custodian's or other person's custody of the electronic record for an electronic trust instrument or custody of a complete converted copy of the electronic trust instrument. Any custodian or other person may, however, make an affidavit of regularity under section 10 of this chapter if any objection is asserted or any doubt is raised concerning the validity of the electronic trust instrument or about any alleged unauthorized alteration of or tampering with the electronic trust instrument.(b) The presumption of: (2) freedom from unauthorized alteration or tampering; described in subsection (a) may be rebutted by clear and convincing evidence of the settlor's execution of another electronic trust instrument or traditional paper trust instrument at a later date.
Added by P.L. 40-2018,SEC. 3, eff. 7/1/2018.