Effective: April 6, 2017
Latest Legislation: House Bill 432 - 131st General Assembly
(A) Except as provided in division (B) of this section, an instrument that creates an inter vivos or testamentary trust shall not require or permit the accumulation for more than one year of any income of property that satisfies both of the following:
(1) The property is granted to a surviving spouse of the testator or other settlor.
(2) The property qualifies for the federal estate tax marital deduction allowed by subtitle B, Chapter 11 of the "Internal Revenue Code of 1986," 26 U.S.C. 2056, as amended, the estate tax marital deduction allowed by division (A) of section 5731.15 of the Revised Code, or the qualified terminable interest property deduction allowed by division (B) of section 5731.15 of the Revised Code.
(B)(1) Division (A) of this section does not apply if an instrument that creates an inter vivos or testamentary trust expressly states the intention of the testator or other settlor that obtaining a marital deduction or a qualified terminable interest property deduction as described in division (A)(2) of this section is less important than requiring or permitting the accumulation of income of property in accordance with a provision in the instrument that requires or permits the accumulation for more than one year of any income of property.
(2) Division (A) of this section does not apply to any beneficiary of an inter vivos or testamentary trust other than the surviving spouse of the testator or other settlor or to any inter vivos or testamentary trust of which the surviving spouse of the testator or other settlor is a beneficiary if an interest in property does not qualify for a marital deduction or a qualified terminable interest property deduction as described in division (A)(2) of this section.
(C) Divisions (A) and (B) of this section are intended to codify existing fiduciary and trust law principles relating to the interpretation of a testator's or other settlor's intent with respect to the income provisions of a trust. Divisions (A) and (B) of this section apply to trust instruments executed prior to and existing on October 1, 1996, or executed thereafter. The trustee of a trust described in division (A) or (B) of this section, in a written trust amendment, may elect to not apply divisions (A) and (B) of this section to the trust. Any election of that nature, when made, is irrevocable.
Structure Ohio Revised Code
Chapter 5815 | Miscellaneous Provisions
Section 5815.01 | Inheritance and Bequest Defined.
Section 5815.02 | Issuers of Securities and Holders of Record.
Section 5815.03 | Issuer of Securities May Treat Holders of Record as Competent.
Section 5815.04 | Uniform Fiduciary Act Definitions.
Section 5815.05 | Transferee Not Responsible for Proper Application of Money.
Section 5815.06 | Deposit in Name of Fiduciary as Such - Liability of Bank.
Section 5815.07 | Check Drawn by Fiduciary Upon Account of His Principal - Liability of Bank.
Section 5815.08 | Deposit to Personal Credit of Fiduciary.
Section 5815.09 | Deposit in Name of Two or More Trustees - Checks.
Section 5815.10 | Interpretation and Construction.
Section 5815.11 | Rules of Law and Equity Applicable.
Section 5815.12 | Power of Appointment Defined.
Section 5815.13 | Exercising Power of Appointment.
Section 5815.14 | Release and Disclaimer of a Power.
Section 5815.15 | Notice of Release.
Section 5815.16 | Duty of Attorney to Third Parties.
Section 5815.21 | Federal Estate Tax Marital Deduction Distributions.
Section 5815.22 | Spendthrift Provisions.
Section 5815.24 | Limitations on Liability.
Section 5815.25 | Administrative Duties and Responsibilities of Trust; Exclusion of Fiduciaries.
Section 5815.26 | Holding Cash or Making Temporary Investments.
Section 5815.27 | Application of Generation-Skipping Transfer Tax Provisions.
Section 5815.28 | Supplemental Services for Beneficiary With Physical or Mental Disability.
Section 5815.33 | Termination of Marriage Revokes Designation of Spouse as Beneficiary.
Section 5815.34 | Termination of Marriage Affects Survivorship Rights.
Section 5815.35 | General Partners Acting as Fiduciary.
Section 5815.37 | Temporary Conveyances.
Section 5815.41 | Consignment of Art Works Definitions.
Section 5815.42 | Art Dealer's Acceptance of Work on Consignment From Artist.
Section 5815.43 | When Work of Art Ceases to Be Trust Property.
Section 5815.44 | Work of Art Not Subject to Claims of Creditors of Art Dealer.
Section 5815.45 | Written Contract Prerequisite for Accepting Work of Art.
Section 5815.46 | Display Conditions.