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Current as of January 01, 2024 | Updated by Findlaw Staff
(A) A complaint under section 5817.03 of 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 section 2105.06 of 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 section 5817.03 of 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 section 5817.03 of 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 section 5804.08 of the Revised Code;
(c) A trust for a noncharitable purpose as provided in section 5804.09 of 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(11) A statement that the trust has not been revoked or modified;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.
Cite this article: FindLaw.com - Ohio Revised Code Title LVIII. Trusts § 5817.06 - last updated January 01, 2024 | https://codes.findlaw.com/oh/title-lviii-trusts/oh-rev-code-sect-5817-06/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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