Ohio Code § 5809.031
Ohio Code § 5809.031. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5809.031.
(A) Notwithstanding any other provision of the Ohio Uniform Prudent Investor Act, unless
otherwise provided by the terms of the trust, the duties of a trustee with respect
to the acquisition, retention, or ownership of a life insurance policy as a trust
asset do not include any of the following duties: (1) To determine whether the policy is or remains a proper investment; (2) To diversify the investment in the policy relative to any other life insurance policies
or to any other trust assets; (3) To exercise or not to exercise any option, right, or privilege available under the
policy, including the payment of premiums unless there is sufficient cash or there
are other readily marketable trust assets from which to pay the premiums or there
are other trust assets that were designated by the settlor or any other person transferring
those assets to the trust to be used for that purpose, regardless of whether that
exercise or nonexercise results in the lapse or termination of the policy; (4) To investigate the financial strength or changes in the financial strength of the
life insurance company maintaining the policy; (5) To inquire about changes in the health or financial condition of the insured or insureds
under the policy. (B) The trustee, the attorney who drafted a trust, or any person who was consulted with
regard to the creation of a trust, in the absence of fraud, is not liable to the beneficiaries
of the trust or to any other person for any loss arising from the absence of the duties
specified in divisions (A)(1) to (5) of this section. (C) Unless otherwise provided by the terms of the trust, this section applies to a trust
established before, on, or after March 22, 2012, and to a life insurance policy acquired,
retained, or owned by a trustee before, on, or after March 22, 2012.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5809.031
- 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 § 5809.031?
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 § 5809.031 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 § 5809.031 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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