Ohio Code § 5805.01
Ohio Code § 5805.01. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5805.01.
(A) A spendthrift provision is valid only if it restrains both voluntary and involuntary
transfer of a beneficiary's interest or if it restrains involuntary transfer of a
beneficiary's interest and permits voluntary transfer of a beneficiary's interest
only with the consent of a trustee who is not the beneficiary. (B) A term of a trust providing that the interest of a beneficiary is held subject to
a “spendthrift trust,” or words of similar import, is sufficient to restrain both
voluntary and involuntary transfer of the beneficiary's interest. (C) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift
provision and, except as otherwise provided in this chapter and in section 5810.04 of the Revised Code , a creditor or assignee of the beneficiary may not reach the interest or a distribution
by the trustee before its receipt by the beneficiary. Real property or tangible personal property that is owned by the trust but that
is made available for a beneficiary's use or occupancy in accordance with the trustee's
authority under the terms of the trust shall not be considered to have been distributed
by the trustee or received by the beneficiary for purposes of allowing a creditor
or assignee of the beneficiary to reach the property.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5805.01
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
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
What is the source of Ohio Revised Code § 5805.01?
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.
What subject does Ohio Revised Code § 5805.01 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 5805.01 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.