Ohio § 5816.03
Full text of Ohio Ohio Revised Code § 5816.03, with citation guidance and answers to common questions.
§ 5816.03.
(A) In addition to any other method allowed by law, the spendthrift provision of a legacy
trust may be stated as provided in division (B) of section 5805.01 of the Revised Code . (B) Except as otherwise provided in this section, the spendthrift provisions of a legacy
trust shall restrain both voluntary and involuntary transfer of a transferor's interest
in that trust. Any spendthrift provision in a legacy trust is enforceable under any applicable
nonbankruptcy law within the meaning of section 541(c)(2) of the Bankruptcy Code regardless of whether or not the relevant legacy trust instrument makes any reference
to that enforceability. In addition to the restraints required by this division, a legacy trust and its
spendthrift provisions may provide for any other restraints on alienation that are
permitted by any law of this state. (C) Notwithstanding division (B) of this section or the terms of any spendthrift provision,
but subject to divisions (D), (E), and (F) of this section, a transferor's interest
in property that is the subject of a qualified disposition may be attached or otherwise
involuntarily alienated in connection with any debt that the transferor owes pursuant
to an agreement or court order for either of the following: (1) The payment of child or spousal support or alimony to or for the transferor's spouse,
former spouse, child, or children, or to any governmental agency that is designated
by statute, rule, or regulation to be the payee of that child or spousal support or
alimony; (2) The division or distribution of property in favor of the transferor's spouse or former
spouse. (D) A transferor's interest in property that is transferred pursuant to a qualified disposition
and the transferor's beneficial interest in a legacy trust shall not be subject to
any claim for forced heirship or legitime. (E) A transferor's interest in property that is transferred pursuant to a qualified disposition
and the transferor's beneficial interest in a legacy trust shall not be subject to
a distributive award under section 3105.171 of the Revised Code or to any similar award under the law of another jurisdiction, to any person other
than the transferor's spouse or former spouse. A court shall liberally construe and apply this provision in finding that such similarity
exists. (F) Nothing in this section shall deprive any beneficiary of any exemption rights that
the beneficiary may have under any applicable law after the trust property is received
by that beneficiary.
Frequently Asked Questions About Ohio § 5816.03
What does Ohio Revised Code § 5816.03 cover?
Section 5816.03 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 § 5816.03?
A common citation format is "Ohio Revised Code § 5816.03" (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 § 5816.03 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.