Ohio § 5816.10

§ 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.