Effective: January 1, 2007
Latest Legislation: House Bill 416 - 126th General Assembly
The court may reform the terms of a trust, even if they are unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
Structure Ohio Revised Code
Chapter 5804 | Creation, Modification, Revocation, and Termination
Section 5804.01 | Methods of Creation of Trusts.
Section 5804.02 | General Requirements for Creation of Trust.
Section 5804.03 | Validity of Nontestamentary Trusts.
Section 5804.04 | Trust Purposes Must Be Legitimate.
Section 5804.05 | Purposes of Charitable Trust - Enforcement.
Section 5804.06 | Trust Induced by Fraud, Duress, or Undue Influence Void.
Section 5804.07 | Written Instrument Not Required.
Section 5804.08 | Trust to Provide for Care of Animal.
Section 5804.09 | Trust Created for Noncharitable Purpose.
Section 5804.10 | Termination of Trust by Revocation or by Terms.
Section 5804.11 | Termination or Modification of Noncharitable Irrevocable Trust.
Section 5804.12 | Judicial Action Due to Change of Circumstances.
Section 5804.13 | Judicial Action Where Charitable Purpose Frustrated.
Section 5804.14 | Termination or Modification Where Costs Exceed Value.
Section 5804.15 | Reformation to Conform to Settlor's Intention.
Section 5804.16 | Modification to Achieve Settlor's Tax Objectives.