Section 5808.08 | Direction of settlor contrary to terms - power of modification.
(A) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(B) As provided in section 5815.25 of the Revised Code, a trustee is not liable for losses resulting from certain actions or failures to act when other persons are granted certain powers with respect to the administration of the trust.
(C) The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.
(D) Except to the extent otherwise provided by the terms of a trust, a person other than a beneficiary who holds a power to direct, including, but not limited to, a power to direct the modification or termination of a trust, is presumptively a fiduciary who, as a fiduciary, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.
Available Versions of this Section
- March 27, 2013 – House Bill 479 - 129th General Assembly [ View March 27, 2013 Version ]