Indiana Code - Trusts and Fiduciaries - Title 30, Section 30-4-3-26

Power to direct a deviation from the terms of the trust

Sec. 26. (Power to Direct a Deviation from the Terms of the

Trust)

(a) Upon petition by the trustee or a beneficiary, the court shall
direct or permit the trustee to deviate from a term of the trust if,
owing to circumstances not known to the settlor and not anticipated
by him, compliance would defeat or substantially impair the
accomplishment of the purposes of the trust. In that case, if necessary
to carry out the purposes of the trust, the court may direct or permit
the trustee to do acts which are not authorized or are forbidden by the
terms of the trust, or may prohibit the trustee from performing acts
required by the terms of the trust.
(b) The trustee may deviate from the terms of the trust as provided
in subsection (a) of this section, without first obtaining the
permission of the court, if there is an emergency or if he reasonably
believes that there is an emergency, and before deviating he has no
opportunity to apply to the court for permission to deviate.
(c) The trustee is liable for any loss or damage which results if he
fails to apply to the court for permission to deviate from the terms of
the trust, when he knows or should know that, owing to
circumstances not known to the settlor and not anticipated by him,
compliance will defeat or substantially impair the accomplishment
of the purposes of the trust.
(Formerly: Acts 1971, P.L.416, SEC.4.)

Last modified: May 27, 2006