Section 5817.06 | Settlor complaint; party defendants.
(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(11) A statement that the trust has not been revoked or modified;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.
Available Versions of this Section
- March 22, 2019 – Enacted by House Bill 595 - 132nd General Assembly [ View March 22, 2019 Version ]