A trust is void to the extent its creation was induced by fraud, duress, or undue influence. As used in this section, "fraud," "duress," and "undue influence" have the same meanings for trust validity purposes as they have for purposes of determining the validity of a will.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 2010–2023 · leading case: Kryder v. Kryder, 2012-Ohio-2280.
Kryder v. Kryder, 2012-Ohio-2280. · cites it 3ד{¶17} It is apparent from the arguments raised by George III and Stanley in their initial summary judgment motion that they assumed that Patricia was seeking to invalidate or reform the trusts under R.C. 5804.06, which allows a trust to be voided due to fraud, duress, or undue…”
Young v. Kaufman, 2017-Ohio-9015, 101 N.E.3d 655. “See R.C. 5804.06 ("A trust is void to the extent its creation was induced by fraud, duress, or undue influence.”
Foelsch v. Farson, 2020-Ohio-1259, 153 N.E.3d 601. “See R.C. 5804.06 (“A trust is void to the extent its creation was induced by fraud, duress, or undue influence.”
Miller v. Cass, 2010-Ohio-1930. “R.C. 5804.06. “The elements of undue influence include the following: (1) a susceptible party; (2) another’s opportunity to exert influence; (3) the fact of improper influence exerted or attempted; and (4) the result showing the effect of such improper influence.”
Wall-Meiring v. Gibson, 2023-Ohio-664, 210 N.E.3d 566. “See R.C. 5804.06. {¶ 35} Clear and convincing evidence requires proof which “produce[s] in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.”
Schwartz v. Tedrick, 2016-Ohio-1218, 61 N.E.3d 797. “{¶39} Under R.C. 5804.06, a trust is void if its creation was induced by fraud, duress, or undue influence.”
Kinchen v. A.R. Mays, Etc., 2014-Ohio-3325. “{¶13} As this court recently recognized, it is not enough to submit an unsupported, self-serving affidavit detailing a party’s own personal observations of the decedent exhibiting signs of being anxious, uncharacteristically abusive, confused, or paranoid, especially when that…”
Daubel v. Dineen, 2012-Ohio-5924. “See also R.C. 5804.06 (“A trust is void to the extent its creation was induced by * * * undue influence * * * [which has] the same meaning[ ] for trust validity purposes as [it has] for purposes of determining the validity of a will.”
In re Est. of Reck, 2022-Ohio-719. “In support of her argument, Robin cites R.C. 5804.06, which states that “[a] trust is void to the extent its creation was induced by fraud, duress, or undue influence.”
In re Est. of Reck, 2023-Ohio-4206. “{¶ 31} Robin further argues that the trial court’s decision should “be reversed on the basis that the common law created by Bradford has been modified by R.C. 5804.06 and R.C. 5817.10.” Brief of Appellant, p.”
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