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 (Ohio Ct. App. 2012).
Kryder v. Kryder, 2012 Ohio 2280 (Ohio Ct. App. 2012). · 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 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2020). “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 (Ohio Ct. App. 2010). “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 (Ohio Ct. App. 2023). “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 (Ohio Ct. App. 2016). “{¶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 (Ohio Ct. App. 2014). “{¶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 (Ohio Ct. App. 2012). “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 (Ohio Ct. App. 2022). “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 (Ohio Ct. App. 2023). “{¶ 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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