Ohio Code § 5806.03
Ohio Code § 5806.03. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5806.03.
(A) During the lifetime of the settlor of a revocable trust, whether or not the settlor
has capacity to revoke the trust, the rights of the beneficiaries are subject to the
control of the settlor, and the duties of the trustee, including the duties to inform
and report under section 5808.13 of the Revised Code , are owed exclusively to the settlor. If the trustee breaches its duty during the lifetime of the settlor, any recovery
obtained from the trustee after the settlor becomes incapacitated or dies shall be
apportioned by the court. If the settlor is living when the recovery is obtained, the court shall apportion
the recovery between the settlor and the trust, or allocate the entire recovery to
the settlor or the trust, as it determines to be equitable under the circumstances. If the settlor is not living when the recovery is obtained, the court shall apportion
the recovery between the settlor's estate and the trust, or allocate the entire recovery
to the settlor's estate or the trust, as it determines to be equitable under the circumstances. (B) During the period the power may be exercised, the holder of a power of withdrawal
has the rights of a settlor of a revocable trust under this section to the extent
of the property subject to the power.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5806.03
- 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 § 5806.03?
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 § 5806.03 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 § 5806.03 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Statutes are amended, repealed, and renumbered every session.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.