Ohio Trust Law Statutes (Effective until 01/01/07):

Prior Ohio trust laws were scattered among Ohio’s probate statutes:
• Ohio Revised Code, Title 21 (testamentary trusts)

• Ohio Revised Code, Chapter 1339 (inter vivos and testamentary trusts)

• Ohio Revised Code, Chapter 1340 (inter vivos and testamentary trust)

There are many articles on trust law in the PROBATE LAW JOURNAL OF OHIO.

Ohio Courts have often cited the Restatement of Trusts (which is now in a third draft)

New Ohio Trust Code (Effective 01/01/07):

• The New law: HB 416 adopted the Ohio Trust Code and amended the Ohio Uniform Prudent Investor Act

• The New Statutes: The Ohio Trust Code will be part of a brand new title of the Ohio Revised Code–Title 58

  Ohio Revised Code Chapters 5801 through 5811: Ohio Revised Code Online

• Summary of the New Law: The Legislative Service Commission’s Final Bill Analysis can be found at LSC Final Analysis

  According to the Legislative Service Commission, the new law will:

  1. Regulate the creation, administration, modification, and termination of trusts and the powers and duties of settlors, trustees, beneficiaries, and the courts;

  2. Provide for private settlement agreements among beneficiaries; and

  3. Move various sections of the Ohio Revised Code, including the Uniform Principal and Income Act, the Institutional Trust Funds Act, and the Ohio Transfers to Minors Act, into Revised Code Chapters 5812, 5813, 5814, and 5815.

• Changes Ohio Made to the UTC: To see the changes that Ohio made to the Uniform Trust Code, go to the website for: The National Conference on Commissioners on Uniform State Laws

• Uniform Trust Code: To see the Uniform Trust Code, on which the Ohio Trust Code is based: UTC Online

• Banker’s League Report on the Ohio Trust Code: Banker's Report Online

• Articles on the new Ohio Trust Code:
  Brucken, Robert M., The New Ohio Trust Code and Probate Avoidance, 78 (No. 2) CLEVELAND BAR JOURNAL (DEC. 2006)

  Hindel, Joanne F., The Evolution of Ohio Trust Law, CLEVELAND BAR JOURNAL, June 2006

  Newman, Alan., Ohio Adopts New Trust Code, OHIO LAWYER, Sept/Oct 2006, page 9.

  There are many articles on the new Ohio Trust Code in the PROBATE LAW JOURNAL OF OHIO. A copy of these articles is contained in "Merrick-Rippner Probate Laws & Rules Annotated, The Ohio Trust Code Supplement", 2006, published by Thomson West. This book also contains the text of the act and the new Ohio Revised Code sections.

  Changes in Ohio Law by Adoption of Uniform Trust Code, December 2002 OSBA CLE program on the UTC

  Newman, Alan, Ohio Adopts new trust code, 20 (No. 5) OHIO LAWYER, Sept./Oct. 2006

• Books
  • Ohio trust code. Ohio State Bar Association CLE Institute, 2006.: Includes forms. KFO137.O66 2006.

  • Ohio trust code. Brucken, Robert M.; Hindel, Joanne. Ohio State Bar 2007.

  • Ohio trust code revisited: practical applications improving the OTC. KFO137 .O67 Ohio State Bar Association CLE Institute, 2007.

  • Special Needs Trusts Handbook. KFO137.S63, Ohio State Bar Association CLE Institute, 2007

Created on: September 12, 2006 -