reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5804.06 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.06 | Trust Induced by Fraud, Duress, or Undue Influence Void.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|A trust is void to the extent its creation was induced by fraud, duress, or undue influence. As used in this section, "fraud," "duress," and "undue influence" have the same meanings for trust validity purposes as they have for purposes of determining the validity of a will.
Ohio Rev Code § 5804.07 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.07 | Written Instrument Not Required.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|Except as required by any section of the Revised Code not in Chapters 5801. to 5811. of the Revised Code, a trust is not required to be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.
Ohio Rev Code § 5804.08 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.08 | Trust to Provide for Care of Animal.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|(A) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.(B) A person appointed in the terms of a trust or, if no person is so appointed, a person appointed by the court may enforce a trust authorized by this section. A person having an interest in the welfare of an animal that is provided care by a trust authorized by this section may request the court to appoint a person to enforce the trust or to remove a person appointed.(C) The property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor if then living or to the settlor's successors in interest.
Ohio Rev Code § 5804.09 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.09 | Trust Created for Noncharitable Purpose.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|Except as otherwise provided in section 5804.08 of the Revised Code or any other section of the Revised Code:(A) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. A trust created for a noncharitable purpose may not be enforced for more than twenty-one years.(B) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.(C) The property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor if then living or to the settlor's successors in interest.
Ohio Rev Code § 5804.10 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.10 | Termination of Trust by Revocation or by Terms.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|(A) In addition to the methods of termination prescribed by sections 5804.11 to 5804.14 of the Revised Code, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, a court determines that no purpose of the trust remains to be achieved, or a court determines that the purposes of the trust have become unlawful or impossible to achieve.(B) A trustee or beneficiary may commence a proceeding to approve or disapprove a proposed modification or termination under sections 5804.11 to 5804.16 of the Revised Code or to approve or disapprove a trust combination or division under section 5804.17 of the Revised Code. The settlor may commence a proceeding to approve or disapprove a proposed modification or termination under section 5804.11 of the Revised Code. The settlor of a charitable trust may maintain a proceeding to modify the trust under section 5804.13 of the Revised Code.
Ohio Rev Code § 5804.11 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.11 | Termination or Modification of Noncharitable Irrevocable Trust.

Effective: August 17, 2021|Latest Legislation:  House Bill 7 - 134th General Assembly|(A) If upon petition the court finds that the settlor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, that all consents, including any given by representatives under Chapter 5803. of the Revised Code, are valid, and that all parties giving consent are competent to do so, the court shall enter an order approving the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. An agent under a power of attorney may exercise a settlor's power to consent to a trust's modification or termination only to the extent expressly authorized by both the power of attorney and the terms of the trust. The settlor's guardian of the estate may exercise a settlor's power to consent to a trust's modification or termination with the approval of the court supervising the guardianship if an agent is not so authorized. The guardian of the settlor's person may exercise a settlor's power to consent to a trust's modification or termination with the approval of the court supervising the guardianship if an agent is not so authorized and a guardian of the estate has not been appointed. This division does not apply to a noncharitable irrevocable trust described in 42 U.S.C. 1396p(d)(4).  (B) A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified, but not to remove or replace the currently serving trustee, upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust. A spendthrift provision in the terms of the trust may, but is not presumed to, constitute a material purpose of the trust. In determining what constitutes a material purpose of a trust, a court may but is not required to consider extrinsic evidence indicating a settlor's intent at the time the instrument was executed. (C) Upon termination of a trust under division (A) or (B) of this section, the trustee shall distribute the trust property as agreed by the beneficiaries. (D) If not all of the beneficiaries consent to a proposed modification or termination of the trust under division (A) or (B) of this section, the court may approve the modification or termination if the court is satisfied of both of the following: (1) That if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; (2) That the interests of a beneficiary who does not consent will be adequately protected. Last updated May 20, 2021 at 2:21 PM
Ohio Rev Code § 5804.12 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.12 | Judicial Action Due to Change of Circumstances.

Effective: March 22, 2012|Latest Legislation:  Senate Bill 117 - 129th General Assembly|(A) The court may modify the administrative or dispositive terms of a trust or terminate the trust if because of circumstances not anticipated by the settlor modification or termination will further the purposes of the trust. To the extent practicable, the court shall make the modification in accordance with the settlor's probable intention. (B) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or impair the trust's administration.(C) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.(D) The court may modify or interpret the terms of a trust, including, but not limited to, a charitable trust or a trust having as a beneficiary an organization with one or more purposes that are described in division (A) of section 5804.05 of the Revised Code, that refer to the federal estate tax, federal generation-skipping transfer tax, or Ohio estate tax, or that contain a division of property based on the imposition or amount of one or more of those taxes, to give effect to the intent of the settlor.
Ohio Rev Code § 5804.13 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.13 | Judicial Action Where Charitable Purpose Frustrated.

Effective: September 12, 2008|Latest Legislation:  House Bill 499 - 127th General Assembly|(A) Except as otherwise provided in division (B) of this section, if a particular charitable purpose becomes unlawful, impracticable, or impossible to achieve, all of the following apply: (1) The trust does not fail in whole or in part.(2) The trust property does not revert to the settlor or the settlor's successors in interest.(3) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes. In accordance with section 109.25 of the Revised Code, the attorney general is a necessary party to a judicial proceeding brought under this section.(B) A provision in the terms of a charitable trust for an alternative charitable purpose or for the distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under division (A) of this section to apply cy pres to modify or terminate the trust.
Ohio Rev Code § 5804.15 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.15 | Reformation to Conform to Settlor's Intention.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|The court may reform the terms of a trust, even if they are unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
Ohio Rev Code § 5804.16 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.16 | Modification to Achieve Settlor's Tax Objectives.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.
Ohio Rev Code § 5804.17 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.17 | Combination or Division of Trusts.

Effective: September 12, 2008|Latest Legislation:  House Bill 499 - 127th General Assembly|After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts if the result does not substantially impair the rights of any beneficiary or have a materially adverse effect on the achievement of the purposes of the trust.
Ohio Rev Code § 5804.18 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5804 | Creation, Modification, Revocation, and Termination|Section 5804.18 | When Certain Trust Is Irrevocable.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|A trust described in 42 U.S.C. 1396p(d)(4) is irrevocable if the terms of the trust prohibit the settlor from revoking it, whether or not the settlor's estate or the settlor's heirs are named as the remainder beneficiary or beneficiaries of the trust upon the settlor's death.
Ohio Rev Code § 5805.01 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5805 | Spendthrift Trust Provisions|Section 5805.01 | Validity and Effect of Spendthrift Provisions.

Effective: September 12, 2008|Latest Legislation:  House Bill 499 - 127th General Assembly|(A) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest or if it restrains involuntary transfer of a beneficiary's interest and permits voluntary transfer of a beneficiary's interest only with the consent of a trustee who is not the beneficiary. (B) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.(C) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this chapter and in section 5810.04 of the Revised Code, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary. Real property or tangible personal property that is owned by the trust but that is made available for a beneficiary's use or occupancy in accordance with the trustee's authority under the terms of the trust shall not be considered to have been distributed by the trustee or received by the beneficiary for purposes of allowing a creditor or assignee of the beneficiary to reach the property.
Ohio Rev Code § 5805.02 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5805 | Spendthrift Trust Provisions|Section 5805.02 | Enforceability and Enforcement of Spendthrift Provisions.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|(A) As used in this section, "child" includes any person for whom an order or judgment for child support has been entered in this or another state.(B) Subject to section 5805.03 of the Revised Code, a spendthrift provision is unenforceable against either of the following:(1) The beneficiary's child or spouse who has a judgment or court order against the beneficiary for support, but only if distributions can be made for the beneficiary's support or the beneficiary is entitled to receive mandatory distributions under the terms of the trust;(2) A claim of this state or the United States to the extent provided by the Revised Code or federal law.(C) A spendthrift provision is enforceable against the beneficiary's former spouse.(D) A claimant described in division (B) of this section may obtain from the court an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to the relief that is appropriate under the circumstances, considering among any other factors determined appropriate by the court the support needs of the beneficiary, the beneficiary's spouse, and the beneficiary's dependent children or, with respect to a beneficiary who is the recipient of public benefits, the supplemental needs of the beneficiary if the trust was not intended to provide for the beneficiary's basic support.(E) The only exceptions to the effectiveness of a spendthrift provision are those described in divisions (B) and (D) of this section, in division (B) of section 5805.05 of the Revised Code, and in sections 5805.06 and 5810.04 of the Revised Code.
Ohio Rev Code § 5805.03 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5805 | Spendthrift Trust Provisions|Section 5805.03 | Creditors of Discretionary Trust Beneficiary May Not Reach Interest.

Effective: September 12, 2008|Latest Legislation:  House Bill 499 - 127th General Assembly|Notwithstanding anything to the contrary in division (B) of section 5805.02 of the Revised Code, no creditor or assignee of a beneficiary of a wholly discretionary trust may reach the beneficiary's interest in the trust, or a distribution by the trustee before its receipt by the beneficiary, whether by attachment of present or future distributions to or for the benefit of the beneficiary, by judicial sale, by obtaining an order compelling the trustee to make distributions from the trust, or by any other means, regardless of whether the terms of the trust include a spendthrift provision.
Ohio Rev Code § 5805.04 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5805 | Spendthrift Trust Provisions|Section 5805.04 | Creditor May Not Compel Discretionary Distribution - Exceptions.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|(A) As used in this section, "child" includes any person for whom an order or judgment for child support has been entered in this or any other state.(B) Except as otherwise provided in divisions (C) and (D) of this section, whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if the discretion is expressed in the form of a standard of distribution or the trustee has abused the discretion.(C) Division (B) of this section does not apply to this state for any claim for support of a beneficiary in a state institution if the terms of the trust do not include a spendthrift provision and do include a standard for distributions to or for the beneficiary under which the trustee may make distributions for the beneficiary's support.(D) Unless the settlor has explicitly provided in the trust that the beneficiary's child or spouse or both are excluded from benefiting from the trust, to the extent a trustee of a trust that is not a wholly discretionary trust has not complied with a standard of distribution or has abused a discretion, both of the following apply:(1) The court may order a distribution to satisfy a judgment or court order against the beneficiary for support of the beneficiary's child or spouse, provided that the court may order the distributions only if distributions can be made for the beneficiary's support under the terms of the trust and that the court may not order any distributions under this division to satisfy a judgment or court order against the beneficiary for support of the beneficiary's former spouse.(2) The court shall direct the trustee to pay to the child or spouse the amount that is equitable under the circumstances but not more than the amount the trustee would have been required to distribute to or for the benefit of the beneficiary had the trustee complied with the standard or not abused the discretion.(E) Even if a trust does not contain a spendthrift provision, to the extent a beneficiary's interest in a trust is subject to the exercise of the trustee's discretion, whether or not such discretion is subject to one or more standards of distribution, the interest may not be ordered sold to satisfy or partially satisfy a claim of the beneficiary's creditor or assignee.(F) If the trustee's or cotrustee's discretion to make distributions for the trustee's or cotrustee's own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor's claim if the beneficiary were not acting as trustee or cotrustee.
Ohio Rev Code § 5805.05 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5805 | Spendthrift Trust Provisions|Section 5805.05 | Attachment of Mandatory Distributions Absent Spendthrift Provision.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|(A) To the extent that a trust that gives a beneficiary the right to receive one or more mandatory distributions does not contain a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to attach present or future mandatory distributions to or for the benefit of the beneficiary or to reach the beneficiary's interest by other means. The court may limit an award under this section to the relief that is appropriate under the circumstances, considering among any other factors determined appropriate by the court, the support needs of the beneficiary, the beneficiary's spouse, and the beneficiary's dependent children or, with respect to a beneficiary who is the recipient of public benefits, the supplemental needs of the beneficiary if the trust was not intended to provide for the beneficiary's basic support. If in exercising its power under this section the court decides to order either a sale of a beneficiary's interest or that a lien be placed on the interest, in deciding between the two types of action, the court shall consider among any other factors it considers relevant the amount of the claim of the creditor or assignee and the proceeds a sale would produce relative to the potential value of the interest to the beneficiary.(B) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution the beneficiary is entitled to receive if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date.
Ohio Rev Code § 5805.07 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5805 | Spendthrift Trust Provisions|Section 5805.07 | Trust Property Not Subject to Personal Obligations of Trustee.

Effective: January 1, 2007|Latest Legislation:  House Bill 416 - 126th General Assembly|Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
Ohio Rev Code § 5806.01 (2021)
2021 Ohio Revised Code|Title 58 | Trusts|Chapter 5806 | Powers of Settlor|Section 5806.01 | Capacity of Settlor Same as Testator.

Effective: September 12, 2008|Latest Legislation:  House Bill 499 - 127th General Assembly|The capacity of a settlor required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.