Ohio Code § 2107.05
Ohio Code § 2107.05. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2107.05.
(A) An existing document, book, record, or memorandum may be incorporated in a will by
reference, if referred to as being in existence at the time the will is executed. That document, book, record, or memorandum shall be deposited in the probate court
when the will is probated or within thirty days after the will is probated, unless
the court grants an extension of time for good cause shown. A copy may be substituted for the original document, book, record, or memorandum
if the copy is certified to be correct by a person authorized to take acknowledgments. (B) Notwithstanding division (A) of this section, if a will incorporates a trust instrument
only in the event that a bequest or devise to the trust is ineffective, the trust
instrument shall be deposited in the probate court not later than thirty days after
the final determination that such bequest or devise is ineffective. (C) If a testator intends to incorporate a trust instrument in a will, the testator's
will shall manifest that intent through the use of the term “incorporate,” “made a
part of,” or similar language. In the absence of such clear and express intent, a trust instrument shall not be
incorporated into or made a part of the will. Any language in the testator's will that only identifies a trust shall not be sufficient
to manifest an intent to incorporate that trust instrument by reference in the will. (D) The amendment of this section by adding divisions (B) and (C) applies, and shall
be construed as applying, to the wills of testators who die on or after the effective
date of this amendment.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2107.05
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
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