Sec. 3. The following terms are defined for this chapter:

(1) "Affidavit of regularity" means an affidavit executed by a custodian or other person under section 10 of this chapter with respect to the electronic record for an electronic trust instrument or a complete converted copy of an electronic trust instrument.

(2) "Complete converted copy" means a document in any format that:

(A) can be visually perceived in its entirety on a monitor or other display device;

(B) can be printed; and

(C) contains:

(i) the text of an electronic trust instrument; and

(ii) a readable copy of the document integrity evidence, if any, that is or was part of or attached to the electronic trust instrument.

(3) "Custodian" means a person other than:

(A) the settlor who executed the electronic trust instrument;

(B) an attorney;

(C) a person who is named in the electronic trust instrument as a current trustee or successor trustee of the trust; or

(D) a person who is named or defined as a beneficiary in the electronic trust instrument;

who has authorized possession or control of the electronic trust instrument. The term may include an attorney in fact serving under a living settlor's durable power of attorney who possesses general authority over records, reports, statements, electronic records, or estate planning transactions.

(4) "Custody" means the authorized possession and control of at least one (1) of the following:

(A) A complete copy of the electronic record for the electronic trust instrument.

(B) A complete converted copy of the electronic trust instrument if the complete electronic record has been lost or destroyed or if the electronic trust instrument has been revoked.

(5) "Document integrity evidence" means the part of the electronic record for the electronic trust instrument that:

(A) is created and maintained electronically;

(B) includes digital markers showing that the electronic trust instrument has not been altered after its initial execution by the settlor;

(C) is logically associated with the electronic trust instrument in a tamper evident manner so that any change made to the text of the electronic trust instrument after its execution is visibly perceptible when the electronic record is displayed or printed;

(D) will generate an error message, invalidate an electronic signature, make the electronic record unreadable, or otherwise display evidence that some alteration was made to the electronic trust instrument after its execution; and

(E) displays the following information:

(i) The city and state in which, and the date and time at which, the electronic trust instrument was executed by the settlor.

(ii) The name of the settlor.

(iii) The name and address of another person, if any, responsible for marking the settlor's electronic signature on the electronic trust instrument at the settlor's direction and in the actual presence of the settlor.

(iv) A copy of or a link to the electronic signature of the settlor on the electronic trust instrument.

(v) A general description of the type of identity verification evidence used to verify the settlor's identity.

(vi) The content of the cryptographic hash or unique code used to complete the electronic record and make the electronic trust instrument tamper evident if a public key infrastructure or a similar secure technology was used to sign or authenticate the electronic trust instrument and if the vendor or the software for the technology makes inclusion feasible.

Document integrity evidence may, but is not required to, contain other information about the electronic trust instrument such as a unique document number, client number, or other identifier that an attorney or custodian assigns to the electronic trust instrument or a link to a secure Internet web site where a complete copy of the electronic trust instrument is accessible. The title, heading, or label, if any, that is assigned to the document integrity evidence (such as "certificate of completion", "audit trail", or "audit log") is immaterial.

(6) "Electronic" has the meaning set forth in IC 26-2-8-102.

(7) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the following:

(A) The document integrity evidence associated with the electronic trust instrument.

(B) The identity verification evidence of the settlor who executed the electronic trust instrument.

(8) "Electronic signature" has the meaning set forth in IC 26-2-8-102.

(9) "Electronic trust instrument" means a trust instrument for an inter vivos trust created by a settlor or other person that:

(A) is initially created and maintained as an electronic record;

(B) contains the electronic signature of the settlor or other person creating the trust; and

(C) contains the date and time of the electronic signature of the settlor or other person creating the trust.

The term includes an amendment to or a restatement of a revocable trust instrument when the amendment or restatement is executed in accordance with the requirements of section 6 of this chapter.

(10) "Executed" means the signing of an electronic trust instrument. The term includes the use of an electronic signature.

(11) "Identity verification evidence" means either:

(A) a copy of the settlor's government issued photo identification card; or

(B) any other information that verifies the identity of the settlor if derived from one (1) or more of the following sources:

(i) A knowledge based authentication method.

(ii) A physical device.

(iii) A digital certificate using a public key infrastructure.

(iv) A verification or authorization code sent to or used by the settlor.

(v) Biometric identification.

(vi) Any other commercially reasonable method for verifying the settlor's identity using current or future technology.

(12) "Logically associated" means electronically connected, cross referenced, or linked in a reliable manner.

(13) "Sign" means valid use of a properly executed electronic signature.

(14) "Signature" means the authorized use of the settlor's name to authenticate an electronic trust instrument. The term includes an electronic signature.

(15) "Tamper evident" means the feature of an electronic record, such as an electronic trust instrument or document integrity evidence for an electronic trust instrument, that will cause the fact of any alteration of or tampering with the electronic record, after it is created or signed, to be perceptible to any person viewing the electronic record when it is printed on paper or viewed on a monitor or other display device. The term applies even if the nature or the specific content of the alteration is not perceptible.

(16) "Traditional paper trust instrument" means a trust instrument or an amendment to or a restatement of a trust instrument that is signed by the settlor on paper.

As added by P.L.40-2018, SEC.3. Amended by P.L.231-2019, SEC.22.