Section 5817.08 | Hearing.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) After a complaint is filed under section 5817.02 or 5817.03 of the Revised Code, the court shall fix a time and place for a hearing. (B) Notice of the hearing shall be given to the testator or settlor, as applicable, and […]
Section 5816.08 | Avoidance of Qualified Dispositions.
Effective: March 27, 2013 Latest Legislation: House Bill 479 – 129th General Assembly All of the following apply in connection with any action brought pursuant to this section or division (A) of section 5816.07 of the Revised Code: (A) If a qualified disposition is wholly or partially avoided, all of the following apply: (1) That […]
Section 5816.09 | Automatic Removal of Trustees; General Rules on Successor.
Effective: August 17, 2021 Latest Legislation: House Bill 7 – 134th General Assembly Any successor or replacement trustees of a legacy trust shall be determined or selected in the following manners: (A)(1) Division (A)(2) of this section applies if in any action involving a legacy trust or any trustee of the legacy trust a court […]
Section 5816.10 | Miscellaneous Rules; Conflicts, Tacking, Savings, Migration.
Effective: August 17, 2021 Latest Legislation: House Bill 7 – 134th General Assembly (A) In the event of any conflict between any provision of this chapter and any provision of Chapter 1336. of the Revised Code or any other provision of law similar to any provision of Chapter 1336. of the Revised Code, including, but […]
Section 5816.11 | Trust Advisors; Eligibility; Default Fiduciary Status.
Effective: March 27, 2013 Latest Legislation: House Bill 479 – 129th General Assembly (A) Any person may serve as an advisor of a legacy trust except that a transferor may act as an advisor only in connection with investment decisions. (B) An advisor shall be considered a fiduciary unless the terms of a legacy trust […]
Section 5816.12 | Rules Regarding Discretion.
Effective: March 27, 2013 Latest Legislation: House Bill 479 – 129th General Assembly Except to the extent expressly provided otherwise by the terms of a legacy trust instrument, each trustee and each advisor of a legacy trust shall have the greatest discretion permitted by law in connection with all matters of trust administration, all trust […]
Section 5816.13 | Discretionary Interests Not Property of a Beneficiary.
Effective: March 27, 2013 Latest Legislation: House Bill 479 – 129th General Assembly No beneficiary or other person shall be considered to have a property interest in any property of a legacy trust to the extent that the distribution of that property is subject to the discretion of one or more qualified trustees or advisors, […]
Section 5816.14 | Applicability of Chapter.
Effective: August 17, 2021 Latest Legislation: House Bill 7 – 134th General Assembly This chapter applies to qualified dispositions made on or after March 27, 2013, except that division (S)(1)(b)(ii) of section 5816.02 of the Revised Code applies to any legacy trust settled or administered on or after the effective date of this amendment. Last […]
Section 5817.01 | Definitions.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly As used in this chapter: (A)(1) “Beneficiary under a trust” means either of the following: (a) Any person that has a present or future beneficial interest in a trust, whether vested or contingent; (b) Any person that, in a capacity other than […]
Section 5817.02 | Action by Testator.
Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly (A) A testator may file a complaint with the probate court to determine before the testator’s death that the testator’s will is a valid will subject only to subsequent revocation or modification of the will. The right to file a complaint for […]