§ 5817.06

Effective: March 22, 2019 Latest Legislation: House Bill 595 - 132nd General Assembly (A) A complaint under section 5817.03 of the Revised Code shall name as party defendants the following, as applicable: (1) The settlor's spouse; (2) The settlor's children; (3) The settlor's heirs who would take property pursuant to section 2105.06 of the Revised Code had the settlor died intestate at the time the complaint is filed; (4) The trustee or trustees under the trust; (5) The beneficiaries under the trust; (6) If the trust amends, amends and restates, or replaces a prior trust, any beneficiary under the settlor's most recent prior trust. (B) A complaint under section 5817.03 of the Revised Code may name as a party defendant any other person that the settlor believes may have a pecuniary interest in the determination of the validity of the settlor's trust. (C) A complaint under section 5817.03 of the Revised Code may contain all or any of the following: (1) A statement that a copy of the trust has been filed with the court; (2) A statement that the trust is in writing and was signed by the settlor; (3) A statement that the trust was executed with the intent to create a trust; (4) A

e trust has been filed with the court; (2) A statement that the trust is in writing and was signed by the settlor; (3) A statement that the trust was executed with the intent to create a trust; (4) A statement that the settlor had the legal capacity to enter into and establish the trust; (5) A statement that the trust has a definite beneficiary or is one of the following: (a) A charitable trust; (b) A trust for the care of an animal as provided in section 5804.08 of the Revised Code; (c) A trust for a noncharitable purpose as provided in section 5804.09 of the Revised Code. (6) A statement that the trustee of the trust has duties to perform; (7) A statement that the same person is not the sole trustee and sole beneficiary of the trust; (8) A statement that the settlor executed the trust free from undue influence, not under restraint or duress, and in the exercise of the settlor's free will; (9) A statement that execution of the trust was not the result of fraud or mistake; (10) The names and addresses of the settlor and all of the defendants and, if any of the defendants are minors, their ages; (11) A statement that the trust has not been revoked or modified; (12) A statement that

es and addresses of the settlor and all of the defendants and, if any of the defendants are minors, their ages; (11) A statement that the trust has not been revoked or modified; (12) A statement that the settlor is familiar with the contents of the trust.