Ohio § 5817.06 Settlor complaint; party defendants

Ohio Statutes

§ 5817.06 — Settlor complaint; party defendants

Ohio § 5817.06

Title 58Trusts

Ch. 5817Determination Of Validity Of Trust Or Will During Lifetime

This text of Ohio § 5817.06 (Settlor complaint; party defendants) 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. § 5817.06 (2026).

Text

(A)A complaint under section5817.03of the Revised Code shall name as party defendants the following, as applicable:

(1)The settlor's spouse;

(2)The settlor's children;

(3)The settlor's heirs who would take property pursuant to section2105.06of the Revised Code had the settlor died intestate at the time the complaint is filed;

(4)The trustee or trustees under the trust;

(5)The beneficiaries under the trust;

(6)If the trust amends, amends and restates, or replaces a prior trust, any beneficiary under the settlor's most recent prior trust.

(B)A complaint under section5817.03of the Revised Code may name as a party defendant any other person that the settlor believes may have a pecuniary interest in the determination of the validity of the settlor's trust.

(C)A complaint under

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(A) A complaint under section5817.03of the Revised Code shall name as party defendants the following, as applicable:

(1) The settlor's spouse;

(2) The settlor's children;

(3) The settlor's heirs who would take property pursuant to section2105.06of the Revised Code had the settlor died intestate at the time the complaint is filed;

(4) The trustee or trustees under the trust;

(5) The beneficiaries under the trust;

(6) If the trust amends, amends and restates, or replaces a prior trust, any beneficiary under the settlor's most recent prior trust.

(B) A complaint under section5817.03of the Revised Code may name as a party defendant any other person that the settlor believes may have a pecuniary interest in the determination of the validity of the settlor's trust.

(C) A complaint under section5817.03of the Revised Code may contain all or any of the following:

(1) A statement that a copy of the trust has been filed with the court;

(2) A statement that the trust is in writing and was signed by the settlor;

(3) A statement that the trust was executed with the intent to create a trust;

(4) A statement that the settlor had the legal capacity to enter into and establish the trust;

(5) A statement that the trust has a definite beneficiary or is one of the following:

(a) A charitable trust;

(b) A trust for the care of an animal as provided in section5804.08of the Revised Code;

(c) A trust for a noncharitable purpose as provided in section5804.09of the Revised Code.

(6) A statement that the trustee of the trust has duties to perform;

(7) A statement that the same person is not the sole trustee and sole beneficiary of the trust;

(8) A statement that the settlor executed the trust free from undue influence, not under restraint or duress, and in the exercise of the settlor's free will;

(9) A statement that execution of the trust was not the result of fraud or mistake;

(10) The names and addresses of the settlor and all of the defendants and, if any of the defendants are minors, their ages;

(11) A statement that the trust has not been revoked or modified;

(12) A statement that the settlor is familiar with the contents of the trust.