Section 30-4-1.5-6 - Creation of revocable electronic trust; amendment of revocable electronic trust; electronic signature(a) If the settlor created or last amended a revocable trust by electronically signing an electronic trust instrument, the settlor may amend or revoke the trust in the following ways:(1) By complying with a method provided in the terms of the trust and making either an electronic signature or an ordinary signature on paper to confirm the amendment or the revocation.(2) If the terms of the trust do not specify any method or do not specify an exclusive method for amending or revoking the trust, the settlor may do the following: (A) Execute a later will or codicil that: (i) expressly refers to the trust; or(ii) specifically devises property that would otherwise have passed according to the terms of the trust.(B) Sign the settlor's electronic signature on an electronic record that: (i) manifests the clear and convincing intent of the settlor to amend or revoke the trust; and(ii) specifies the specific amendments or revocation that the settlor wishes to make.(C) Sign the settlor's ordinary signature on a paper record that:(i) manifests the clear and convincing intent of the settlor to amend or revoke the trust; and(ii) specifies the specific amendments or revocation that the settlor wishes to make.(D) Permanently delete or render unreadable and nonretrievable each copy of the electronic record for the electronic trust instrument that is in the settlor's possession or control if the settlor is not making use of a custodian to store the electronic record for the electronic trust instrument.(E) Transmit or provide to the custodian of the electronic record for an electronic trust instrument a written or electronic record of the amendment or revocation that: (i) is signed by the settlor; and(ii) directs the custodian to permanently delete or make unreadable and nonretrievable the electronic record for the electronic trust instrument. If the settlor knows that the electronic record for the electronic trust instrument or a complete converted copy of the electronic trust instrument is in the possession of a custodian, the settlor has a duty to use reasonable efforts to provide the custodian with written or electronic evidence of the amendment or revocation of the electronic trust instrument.
(b) If the settlor has possession of the electronic record for an electronic trust instrument that the settlor intends to amend or revoke, the settlor shall save a complete converted copy of the original electronic trust instrument before making any amendment or executing any revocation.(c) If a custodian has possession of the electronic record for an electronic trust instrument that the settlor intends to amend or revoke, the custodian shall save a complete converted copy of the original electronic trust instrument before carrying out the settlor's direction to amend the electronic record or to render the electronic record unreadable and nonretrievable.(d) A complete converted copy of an electronic trust instrument that is preserved in the manner described in subsection (b) or (c) may be used as evidence in the event that the validity of the settlor's amendment or revocation is later challenged.Added by P.L. 40-2018,SEC. 3, eff. 7/1/2018.