Effective: January 1, 2007
Latest Legislation: House Bill 416 - 126th General Assembly
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries or was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
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.