Ohio § 5805.01
Full text of Ohio Ohio Revised Code § 5805.01, with citation guidance and answers to common questions.
§ 5805.01.
(A) A spendthrift provision is valid only if it restrains both voluntary and involuntary
transfer of a beneficiary's interest or if it restrains involuntary transfer of a
beneficiary's interest and permits voluntary transfer of a beneficiary's interest
only with the consent of a trustee who is not the beneficiary. (B) A term of a trust providing that the interest of a beneficiary is held subject to
a “spendthrift trust,” or words of similar import, is sufficient to restrain both
voluntary and involuntary transfer of the beneficiary's interest. (C) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift
provision and, except as otherwise provided in this chapter and in section 5810.04 of the Revised Code , a creditor or assignee of the beneficiary may not reach the interest or a distribution
by the trustee before its receipt by the beneficiary. Real property or tangible personal property that is owned by the trust but that
is made available for a beneficiary's use or occupancy in accordance with the trustee's
authority under the terms of the trust shall not be considered to have been distributed
by the trustee or received by the beneficiary for purposes of allowing a creditor
or assignee of the beneficiary to reach the property.
Frequently Asked Questions About Ohio § 5805.01
What does Ohio Revised Code § 5805.01 cover?
Section 5805.01 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5805.01?
A common citation format is "Ohio Revised Code § 5805.01" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5805.01 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.