Ohio § 5813.03 Settlor's intention that income be otherwise determined

Ohio Statutes

§ 5813.03 — Settlor's intention that income be otherwise determined

Ohio § 5813.03

Title 58Trusts

Ch. 5813Institutional Trust Funds Act

This text of Ohio § 5813.03 (Settlor's intention that income be otherwise determined) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 5813.03 (2026).

Text

(A)Division (A) of section5813.02of the Revised Code does not apply if the applicable trust instrument expressly indicates the settlor's intention that income is to be otherwise than as defined in division (A) of section5813.02of the Revised Code.

(B)A restriction upon the definition of income in division (A) of section5813.02of the Revised Code may not be inferred from a designation of an institutional trust fund as an endowment; a direction or authorization in the applicable trust instrument to use only "income," "interest," "dividends," or "rents, issues, or profits," or "to preserve the principal intact," or a direction that contains other words of a similar import; a direction in a trust instrument that income and principal are to be determined by reference to certain statutory pro

Free access — add to your briefcase to read the full text and ask questions with AI

(A) Division (A) of section5813.02of the Revised Code does not apply if the applicable trust instrument expressly indicates the settlor's intention that income is to be otherwise than as defined in division (A) of section5813.02of the Revised Code.

(B) A restriction upon the definition of income in division (A) of section5813.02of the Revised Code may not be inferred from a designation of an institutional trust fund as an endowment; a direction or authorization in the applicable trust instrument to use only "income," "interest," "dividends," or "rents, issues, or profits," or "to preserve the principal intact," or a direction that contains other words of a similar import; a direction in a trust instrument that income and principal are to be determined by reference to certain statutory provisions; or, subject to division (A) of this section, the inclusion of specified provisions in a trust instrument setting forth the way in which income and principal are to be determined.

(C) The rule of construction set forth in division (B) of this section applies to trust instruments executed or in effect before, on, or after September 15, 1999.