Ohio § 5815.23
Full text of Ohio Ohio Revised Code § 5815.23, with citation guidance and answers to common questions.
§ 5815.23.
(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.
Frequently Asked Questions About Ohio § 5815.23
What does Ohio Revised Code § 5815.23 cover?
Section 5815.23 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 § 5815.23?
A common citation format is "Ohio Revised Code § 5815.23" (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 § 5815.23 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.