(A) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(B) To remedy a breach of trust that has occurred or may occur, the court may do any of the following:
(1) Compel the trustee to perform the trustee's duties;
(2) Enjoin the trustee from committing a breach of trust;
(3) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) Order a trustee to account;
(5) Appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) Suspend the trustee;
(7) Remove the trustee as provided in section 5807.06 of the Revised Code;
(8) Reduce or deny compensation to the trustee;
(9) Subject to section 5810.12 of the Revised Code, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds;
(10) Order any other appropriate relief.
Notes of Decisions
Cited in 23
cases (11 in the last 5 years), 2011–2026 · leading case: Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032.
Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032. · cites it 10ד{¶71} While R.C. 5810.01 lists a range of remedies for breach of trust, appellants seek removal of the Trustees pursuant to R.”
Kidd v. Alfano, 2016-Ohio-7519, 64 N.E.3d 1052. · cites it 3ד(C) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order any appropriate relief under division (B) of section 5810.01 of the Revised Code that is necessary to protect the trust property or the…”
Dueck v. Clifton Park Trust, 2019-Ohio-4784. · cites it 7דCount 1 requests an injunction under R.C. 5810.01(B) to prevent the Trustees from granting the permissive rights to the Club Members contained in the rules without the unanimous consent of the Beneficiaries because the conduct is a breach of the Trust and the Trustees’ fiduciary…”
Pollock v. Mullins, 2024-Ohio-3423, 253 N.E.3d 629. · cites it 3ד1 R.C. 5810.01 provides that the “violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust” which may be remedied by the removal of the trustee as provided in R.”
Hughes v. Hughes, 2020-Ohio-4653, 159 N.E.3d 893. “) As a result, the arbitrator ordered appellant be suspended as trustee pursuant to R.C. 5810.01(B)(6) effective November 1, 2018 for 90 days, during which time Martin would execute a liquidity plan and distributions in accordance with the trust.”
Tomazic v. Rapoport, 2012-Ohio-4402. “Accordingly, pursuant to R.C. 5810.01, which provides that a court may remove a trustee and void the trustee’s actions to remedy a breach of trust, the court removed Rapoport as Trustee and voided his action terminating Jennine’s beneficiary interest in the trust.”
Peoples Bank v. Tome, 2011-Ohio-5412. · cites it 3ד{¶25} Further, although not cited by the parties, R.C. 5810.01, entitled “Remedies for breach of trust” provides as follows: “(A) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
Weygandt v. Ward, 2013-Ohio-1937. · cites it 3ד” R.C. 5810.01(A). “To remedy a breach of trust * * * the court may * * * [s]ubject to section 5810.”
Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank, 2018-Ohio-661, 106 N.E.3d 866. · cites it 3דAppellant's complaint alleges claims for breach of fiduciary duty under the common law and for breach of trust as defined in R.C. 5810.01 et seq. R.C. 2305.09(D) provides a four-year limitations period for a cause of action seeking recovery for "an injury to the rights of the…”
Keybank Natl. Assn. v. Thalman, 2018-Ohio-3367. “” General Comment to R.C. 5810.01. Thus, the damages to be paid by a trustee who commits a breach of trust is “[t]he amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred.”
Stewart v. Martin, No. 3:21-cv-00089 (S.D. Ohio June 25, 2024). · cites it 13דStatutory Standing Plaintiffs also argue that they have “statutory standing” under Ohio Rev. Code § 5810.01. (Doc. No. 148 at PageID 2339-40.”
Stewart v. Martin, No. 3:21-cv-00089 (S.D. Ohio Mar. 8, 2023). · cites it 5דThe Court enters judgments on liability only in favor of Plaintiffs on Count I, Breach of Trust Pursuant to Ohio R.C. 5810.01, and Count II, Breach of Fiduciary Duty.”
Pollock v. Mullins, 2024-Ohio-3423, 253 N.E.3d 629. “1 R.C. 5810.01 provides that the “violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust” which may be remedied by the removal of the trustee as provided in R.”
Weygandt v. Ward, 2013-Ohio-1937. “” R.C. 5810.01(A). “To remedy a breach of trust * * * the court may * * * [s]ubject to section 5810.”
Stewart v. Martin, No. 3:21-cv-00089 (S.D. Ohio Mar. 8, 2023). “The Court enters judgments on liability only in favor of Plaintiffs on Count I, Breach of Trust Pursuant to Ohio R.C. 5810.01, and Count II, Breach of Fiduciary Duty.”
Dueck v. Clifton Park Trust, 2019-Ohio-4784. “Count 1 requests an injunction under R.C. 5810.01(B) to prevent the Trustees from granting the permissive rights to the Club Members contained in the rules without the unanimous consent of the Beneficiaries because the conduct is a breach of the Trust and the Trustees’ fiduciary…”
Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank, 2018-Ohio-661, 106 N.E.3d 866. “Appellant's complaint alleges claims for breach of fiduciary duty under the common law and for breach of trust as defined in R.C. 5810.01 et seq. R.C. 2305.09(D) provides a four-year limitations period for a cause of action seeking recovery for "an injury to the rights of the…”
Kidd v. Alfano, 2016-Ohio-7519, 64 N.E.3d 1052. “(C) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order any appropriate relief under division (B) of section 5810.01 of the Revised Code that is necessary to protect the trust property or the…”
Ohio Rev. Code § 5810.01(B)(2): 1 case
Stewart v. Martin, No. 3:21-cv-00089 (S.D. Ohio June 25, 2024). “Statutory Standing Plaintiffs also argue that they have “statutory standing” under Ohio Rev. Code § 5810.01. (Doc. No. 148 at PageID 2339-40.”
Ohio Rev. Code § 5810.01(B)(3): 3 cases
Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032. “{¶71} While R.C. 5810.01 lists a range of remedies for breach of trust, appellants seek removal of the Trustees pursuant to R.”
Hughes v. Hughes, 2020-Ohio-4653, 159 N.E.3d 893. “) As a result, the arbitrator ordered appellant be suspended as trustee pursuant to R.C. 5810.01(B)(6) effective November 1, 2018 for 90 days, during which time Martin would execute a liquidity plan and distributions in accordance with the trust.”
Weygandt v. Ward, 2013-Ohio-1937. “” R.C. 5810.01(A). “To remedy a breach of trust * * * the court may * * * [s]ubject to section 5810.”
Stewart v. Martin, No. 3:21-cv-00089 (S.D. Ohio Mar. 8, 2023). “The Court enters judgments on liability only in favor of Plaintiffs on Count I, Breach of Trust Pursuant to Ohio R.C. 5810.01, and Count II, Breach of Fiduciary Duty.”
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