Effective: January 1, 2007
Latest Legislation: House Bill 416 - 126th General Assembly
(A) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(B) To remedy a breach of trust that has occurred or may occur, the court may do any of the following:
(1) Compel the trustee to perform the trustee's duties;
(2) Enjoin the trustee from committing a breach of trust;
(3) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) Order a trustee to account;
(5) Appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) Suspend the trustee;
(7) Remove the trustee as provided in section 5807.06 of the Revised Code;
(8) Reduce or deny compensation to the trustee;
(9) Subject to section 5810.12 of the Revised Code, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds;
(10) Order any other appropriate relief.
Structure Ohio Revised Code
Chapter 5810 | Breach of Trust
Section 5810.01 | Breach of Trust Defined - Judicial Remedies.
Section 5810.02 | Liability to Beneficiaries for Breach - Contribution.
Section 5810.03 | Trustee Not Accountable or Liable for Profit or Loss Absent Breach.
Section 5810.04 | Award of Costs, Expenses, and Attorney Fees From Trust.
Section 5810.05 | Limitations Period for Action Against Trustee.
Section 5810.06 | Trustee Reliance on Terms of Trust.
Section 5810.07 | Reasonable Care to Ascertain Material Event.
Section 5810.08 | Enforceability of Exculpatory Trust Term.
Section 5810.09 | Beneficiary or Representative's Consent to Conduct Constituting Breach.
Section 5810.10 | Personal Contract and Tort Liability of Trustee.
Section 5810.11 | Personal Liability of Trustee on Contract as Partner.
Section 5810.12 | Person Assisting or Dealing With Trustee in Good Faith.
Section 5810.13 | Certification of Trust Furnished to Person Not Beneficiary.