Section 5810.08 | Enforceability of Exculpatory Trust Term.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of […]
Section 5810.09 | Beneficiary or Representative’s Consent to Conduct Constituting Breach.
Effective: March 22, 2012 Latest Legislation: Senate Bill 117 – 129th General Assembly A trustee is not liable to a beneficiary for breach of trust if the beneficiary or the beneficiary’s representative under the representation provisions of Chapter 5803. of the Revised Code consented to the conduct constituting the breach, released the trustee from liability […]
Section 5810.10 | Personal Contract and Tort Liability of Trustee.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly (A) Except as otherwise provided in the contract, for contracts entered into on or after March 22, 1984, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust […]
Section 5810.01 | Breach of Trust Defined – Judicial Remedies.
Effective: January 1, 2007 Latest Legislation: House Bill 416 – 126th General Assembly (A) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (B) To remedy a breach of trust that has occurred or may occur, the court may do any of the following: (1) […]