Ohio Rev. Code » Chapter 5806
Ohio Revised Code

Ohio Rev. Code § 5806.01 (2026)

Capacity of settlor same as testator

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Effective:
September 12, 2008
Latest Legislation:
House Bill 499 - 127th General Assembly
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The capacity of a settlor required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2012–2023 · leading case: Garber v. Schneider, 2022-Ohio-1777.
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Garber v. Schneider, 2022-Ohio-1777. “The test for testamentary capacity is whether the person “has sufficient mind and memory: [f]irst, to 2 R.C. 5806.01 provides: “The capacity of a settlor required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a…”
Carpenter v. Carpenter, 2023-Ohio-274. “{¶73} Insofar as Mary Lou relinquished her life estate based on the undue influence and fraud committed by Jarvis and JLO, her legal counsel, due to an incorrect recitation of Ohio law, we find that the trial court did not err in entering summary judgment in favor of Mary Lou on…”
Daubel v. Dineen, 2012-Ohio-5924. “1993), and R.C. 5806.01 (the same capacity is required to execute a revocable trust as that which is required to execute a will).”
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