Ohio Code § 5806.02
Ohio Code § 5806.02. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5806.02.
(A) Unless the terms of a trust expressly provide that the trust is irrevocable, the
settlor may revoke or amend the trust. This division does not apply to a trust created under an instrument executed before
January 1, 2007. (B) If a revocable trust is created or funded by more than one settlor, all of the following
apply: (1) To the extent the trust consists of community property, either spouse acting alone
may revoke the trust, but the trust may be amended only by joint action of both spouses. (2) To the extent the trust consists of property other than community property, each
settlor may revoke or amend the trust with regard to the portion of the trust property
attributable to that settlor's contribution. (3) Upon the revocation or amendment of the trust by less than all of the settlors, the
trustee shall promptly notify the other settlors of the revocation or amendment. (C) The settlor may revoke or amend a revocable trust by substantial compliance with
a method provided in the terms of the trust or, if the terms of the trust do not provide
a method, by any method manifesting clear and convincing evidence of the settlor's
intent, provided that a revocable trust may not be revoked or amended by a will or
codicil, regardless of whether it refers to the trust or specifically devises property
that would otherwise have passed according to the terms of the trust unless the terms
of the trust expressly allow it to be revoked or amended by a will or codicil. (D) Upon revocation of a revocable trust, the trustee shall deliver the trust property
as the settlor directs. (E) An agent under a power of attorney may exercise a settlor's powers with respect to
revocation, amendment, or distribution of trust property only to the extent expressly
authorized by both the terms of the trust and the power. (F) A guardian of the estate of the settlor or, if no guardian of the estate has been
appointed, a guardian of the person of the settlor may exercise a settlor's powers
with respect to revocation, amendment, or distribution of trust property only with
the approval of the court supervising the guardianship. (G) A trustee who does not know that a trust has been revoked or amended is not liable
to the settlor or settlor's successors in interest for distributions made and other
actions taken on the assumption that the trust had not been amended or revoked.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5806.02
- 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 § 5806.02?
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 § 5806.02 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 § 5806.02 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?
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