§ 5804.01 Methods of creation of trusts
§ 5804.02 General requirements for creation of trust
§ 5804.03 Validity of nontestamentary trusts
§ 5804.04 Trust purposes must be legitimate
§ 5804.05 Purposes of charitable trust – enforcement
§ 5804.06 Trust induced by fraud, duress, or undue influence void
§ 5804.07 Written instrument not required
§ 5804.08 Trust to provide for care of animal
§ 5804.09 Trust created for noncharitable purpose
§ 5804.10 Termination of trust by revocation or by terms
§ 5804.11 Termination or modification of noncharitable irrevocable trust
§ 5804.12 Judicial action due to change of circumstances
§ 5804.13 Judicial action where charitable purpose frustrated
§ 5804.14 Termination or modification where costs exceed value
§ 5804.15 Reformation to conform to settlor’s intention
§ 5804.16 Modification to achieve settlor’s tax objectives
§ 5804.17 Combination or division of trusts
§ 5804.18 When certain trust is irrevocable

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Terms Used In Ohio Code > Chapter 5804 - Creation, Modification, Revocation, and Termination

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: means real and personal property. See Ohio Code 1.59
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rule: includes regulation. See Ohio Code 1.59
  • Trustee: A person or institution holding and administering property in trust.