Ohio § 5816.10
Full text of Ohio Ohio Revised Code § 5816.10, with citation guidance and answers to common questions.
§ 5816.10.
(A) In the event of any conflict between any provision of this chapter and any provision
of Chapter 1336. of the Revised Code or any other provision of law similar to any
provision of Chapter 1336. of the Revised Code, including, but not limited to, any
similar provision of law adopted, promulgated, or enacted by a jurisdiction other
than this state, the provision of this chapter shall control and prevail to the maximum
extent permitted by the Ohio Constitution and the United States Constitution. When determining whether a provision of law is similar to any provision of Chapter
1336. of the Revised Code, a court shall be liberal in finding that such similarity
exists. (B) A statement in a trust instrument stating that it “shall be governed by the laws
of Ohio” or other statement to similar effect or of similar import is considered to
expressly incorporate the laws of this state to govern the validity, construction,
and administration of that trust instrument and to satisfy division (K)(1)(b) of section 5816.02 of the Revised Code . (C) A disposition by a nonqualified trustee to a qualified trustee shall not be treated
as other than a qualified disposition solely because the nonqualified trustee is a
trustee of a nonlegacy trust. (D) A disposition to any nonqualified trustee of a legacy trust shall be treated as a
qualified disposition if at the time of the disposition any of the following applies: (1) There is at least one qualified trustee serving pursuant to the terms of that legacy
trust. (2) There is no qualified trustee serving but the circumstances require the appointment
or installation of a qualified trustee pursuant to division (A)(2) of section 5816.09 of the Revised Code . (3) There is no qualified trustee serving but within one hundred eighty days after the
date of disposition a qualified trustee fills the vacancy in the qualified trusteeship
or an application to appoint a qualified trustee is filed pursuant to division (B) of section 5816.09 of the Revised Code . (E) If a disposition is made by a trustee of a nonlegacy trust to a trustee of a legacy
trust, both of the following apply: (1) Except to the extent expressly stated otherwise by the terms of that disposition,
the disposition shall be considered a qualified disposition for the benefit of all
of the persons who are the beneficiaries of both the nonlegacy trust and the legacy
trust. (2) The date of the disposition to the legacy trust shall be considered to be the date
on which the property that was part of the nonlegacy trust was first continuously
subject to any law of a jurisdiction other than this state that is similar to this
chapter. When applying division (E)(2) of this section, a court shall be liberal in finding
that such continuity and similarity exist. (F) A legacy trust may contain any terms or conditions that provide for changes in or
to the place of administration, situs, governing law, trustees or advisors, or the
terms or conditions of the legacy trust or for other changes permitted by law. (G) Any valid lien attaching to property before a disposition of that property to a trustee
of a legacy trust shall survive the disposition, and the trustee shall take title
to the property subject to the valid lien and subject to any agreements that created
or perfected the valid lien. Nothing in this chapter shall be construed to authorize any disposition that is
prohibited by the terms of any agreements, notes, guaranties, mortgages, indentures,
instruments, undertakings, or other documents. In the event of any conflict between this division and any other provision of this
chapter, this division shall control. (H) To the maximum extent permitted by the Ohio Constitution and the United States Constitution,
the courts of this state shall exercise jurisdiction over any legacy trust, any legacy
trust matter, or any qualified disposition and shall adjudicate any case or controversy
brought before them regarding, arising out of, or related to, any legacy trust, any
legacy trust matter, or any qualified disposition if that case or controversy is otherwise
within the subject matter jurisdiction of the court. Subject to the Ohio Constitution and the United States Constitution, no court of
this state shall dismiss or otherwise decline to adjudicate any case or controversy
described in this division on the ground that a court of another jurisdiction has
acquired or may acquire proper jurisdiction over, or may provide proper venue for,
that case or controversy or the parties to the case or controversy. Nothing in this division shall be construed to do either of the following: (1) Prohibit a transfer or other reassignment of any case or controversy from one court
of this state to another court of this state; (2) Expand or limit the subject matter jurisdiction of any court of this state. (I)(1) If any disposition is made by a trustee of a legacy trust, referred to in division
(I) of this section as the “first legacy trust,” to a trustee of a second legacy trust,
referred to in division (I) of this section as the “second legacy trust,” whether
pursuant to section 5808.18 of the Revised Code or any other applicable law, then all of the following apply to any property involved
in such disposition: (a) Except to the extent expressly stated otherwise by the terms of that disposition,
the disposition shall be considered a qualified disposition for the benefit of all
persons who are the beneficiaries of both the first legacy trust and the second legacy
trust. (b) An item of property shall be treated as having been transferred to a trustee of the
second legacy trust on the earlier of any of the following: (i) The date of the original qualified disposition of the item to a trustee of the first
legacy trust; (ii) If, before being held by the trustee of the first legacy trust, the item previously
was held by a trustee of a predecessor legacy trust, or by one or more trustees of
a consecutive and uninterrupted series of predecessor legacy trusts, then the date
of the original qualified disposition to the first trustee to hold that item as part
of any such predecessor legacy trust; (iii) If, before being held by the trustee of the first legacy trust, that item was held
by a trustee of a nonlegacy trust referred to in division (E)(2) of this section,
then the date determined pursuant to that division; (iv) The earliest date determined by any combination of divisions (I)(1)(b)(i) to (iii)
of this section. (2) For purposes of division (I)(1)(b) of this section, any reference to an item of property
shall include any proceeds of or substitutes for that item. (3) Notwithstanding division (S) of section 5816.02 of the Revised Code , a qualified trustee of the first legacy trust may serve as a qualified trustee of
the second legacy trust. (4) The dispositions covered by division (I) of this section include, but are not limited
to, any disposition that is made by a trustee of the first legacy trust acting pursuant
to a direction issued by a person having the power to direct a distribution of trust
property pursuant to the trust instrument governing the first legacy trust, including,
but not limited to, a power to direct as provided in division (G) of section 5808.18 of the Revised Code . (J) Any reference in this chapter to an “action” or a “proceeding” shall be broadly construed
to encompass any suit or proceeding in any jurisdiction or before any judicial tribunal,
administrative tribunal, or other adjudicative body or panel. (K) This chapter and its provisions reflect and embody the strong public policy of this
state.
Frequently Asked Questions About Ohio § 5816.10
What does Ohio Revised Code § 5816.10 cover?
Section 5816.10 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 § 5816.10?
A common citation format is "Ohio Revised Code § 5816.10" (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 § 5816.10 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.