Ohio Code 5817.03 – Action by settlor
(A) A settlor may file a complaint with the probate court to determine before the settlor’s death that the settlor’s trust is valid and enforceable under its terms, subject only to a subsequent revocation or modification of the trust. The right to file a complaint for a determination of the validity of a settlor’s trust under this chapter, or to voluntarily dismiss a complaint once filed, is personal to the settlor and may not be exercised by the settlor’s guardian or an agent under the settlor’s power of attorney.
Terms Used In Ohio Code 5817.03
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the probate court of the county in which the complaint under section 5817. See Ohio Code 5817.01
- 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.
- 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.
- 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
- Probate: Proving a will
- Related will: means a will for which both of the following apply:
(1) The testator is the settlor of a trust. See Ohio Code 5817.01
- Trust: means an inter vivos revocable or irrevocable trust instrument to which, at the time the complaint for declaration of validity is filed under section 5817. See Ohio Code 5817.01
(B) A settlor who desires to obtain a validity determination as to the settlor’s trust shall file a complaint to determine the validity of both the trust and the related will.
(C) The failure of a settlor to file a complaint for a judgment declaring the validity of a trust shall not be construed as evidence or an admission that the trust is not valid.
(D) A complaint for a determination of the validity of a settlor’s trust shall be accompanied by an express written waiver of the settlor’s physician-patient privilege provided in division (B) of section 2317.02 of the Revised Code.