(A) A beneficiary may not commence a proceeding against a trustee for breach of trust more than two years after the date the beneficiary, a representative of the beneficiary, or a beneficiary surrogate is sent a report that adequately discloses the existence of a potential claim for breach of trust and informs the beneficiary, the representative of the beneficiary, or the beneficiary surrogate of the time allowed for commencing a proceeding against a trustee.
(B) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or the representative of the beneficiary knows of the potential claim or should know of the existence of the potential claim.
(C) If division (A) of this section does not apply, notwithstanding section 2305.09 of the Revised Code, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within four years after the first of the following to occur:
(1) The removal, resignation, or death of the trustee;
(2) The termination of the beneficiary's interest in the trust;
(3) The termination of the trust;
(4) The time at which the beneficiary knew or should have known of the breach of trust.
(D) Nothing in Chapters 5801. to 5811. of the Revised Code limits the operation of any principle of law or equity, including the doctrines of laches, unclean hands, estoppel, and waiver, that can bar claims.
Notes of Decisions
Cited in 18
cases (7 in the last 5 years), 2010–2025 · leading case: Bonner v. Delp, 2021-Ohio-3772, 180 N.E.3d 11.
Bonner v. Delp, 2021-Ohio-3772, 180 N.E.3d 11. · cites it 18דclaims, thus the limitations period set forth in R.C. 5810.05 is inapplicable. Instead, she claimed, R.”
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492. · cites it 14ד09 and the claims remained barred after the OTC went into effect, pursuant to R.C. 5811.03(B). Applying R.”
Hammon v. Huntington Natl. Bank, 2018-Ohio-87, 102 N.E.3d 1248. · cites it 3דUnder Ohio law, the relevant statute of limitations for breach of trust claims is R.C. 5810.05, which provides in relevant part: (A) A beneficiary may not commence a proceeding against a trustee for breach of trust more than two years after the date the beneficiary, a…”
Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank, 2018-Ohio-661, 106 N.E.3d 866. · cites it 5ד) 2 {¶ 30} Pursuant to Cundall and R.C. 5810.05, contrary to RSA's assertion, the claims against HNB accrued and the four-year statute of limitations began to run when RSA either knew or should have known of the breach of trust, not when HNB "ended its role as trustee by selling…”
Helton v. Fifth Third Bank, 2019-Ohio-5208. · cites it 11דIn its judgment entry, the trial court found that the essence of all the Clarke siblings’ claims was a breach of fiduciary duty for the failure to diversify and that the claims were filed outside of the four-year limitation period set forth in R.C. 5810.05. It further found that…”
Helton v. Fifth Third Bank, 2022-Ohio-1023. “It found that Fifth Third was entitled to summary judgment because the essence of all of the Clarke siblings’ claims was a breach of fiduciary duty for the failure to diversify and that the claims were filed outside of the limitations period set forth in R.C. 5810.05. {¶8} The…”
Zook v. JPMorgan Chase Bank, 2017-Ohio-838, 85 N.E.3d 1197. “{¶ 16} On April 30, 2015, Chase filed a motion for summary judgment asserting that the beneficiaries' claims were barred by the releases and barred by the two-year statute of limitations imposed by R.C. 5810.05 on actions against a trustee.”
Thompson v. Butler, 2013-Ohio-1075. · cites it 6דR.C.5810.05(C) states: [A] judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within four years after the first of the following to occur: (1) The removal, resignation, or death of the trustee; (2) The termination of the beneficiary's…”
Cywes v. Cywes, No. 2:22-cv-04189 (S.D. Ohio Oct. 6, 2025). · cites it 11דBentley’s breach of fiduciary duty claim that occurred outside of the four-year statutes of limitation for claims brought by a beneficiary, under Ohio Revised Code § 5810.05, and claims brought by a co-trustee, under Ohio Revised Code § 2305.”
May v. Copeland, 947 N.E.2d 1239 (Ohio Ct. App. 5th Dist. 2010). · cites it 3דIn its September 2, 2009 journal entry, the trial court held that that request was barred by the four-year statute of limitations set forth in R.C. 5810.05. The trial court indicated that appellee *12 had received records for 1997 on March 18, 1998, 2 that appellee had testified…”
Alkuda v. McDonald Hopkins Co., L.P.A., No. 1:24-cv-01103, 2025 WL 843403 (N.D. Ohio Mar. 18, 2025). · cites it 4דR.C. § 5810.05. Taking Plaintiff’s allegations as true, her claims are untimely.”
Boli v. Huntington Natl. Bank, 2022-Ohio-2127. “2 The trial court applied the statute of limitations in R.C. 5810.05, limitation of action against trustees, which states: (A) A beneficiary may not commence a proceeding against a trustee for breach of trust more than two years after the date the beneficiary, a representative…”
Helton v. Fifth Third Bank, 2019-Ohio-5208. “In its judgment entry, the trial court found that the essence of all the Clarke siblings’ claims was a breach of fiduciary duty for the failure to diversify and that the claims were filed outside of the four-year limitation period set forth in R.C. 5810.05. It further found that…”
Hammon v. Huntington Natl. Bank, 2018-Ohio-87, 102 N.E.3d 1248. “Under Ohio law, the relevant statute of limitations for breach of trust claims is R.C. 5810.05, which provides in relevant part: (A) A beneficiary may not commence a proceeding against a trustee for breach of trust more than two years after the date the beneficiary, a…”
Cywes v. Cywes, No. 2:22-cv-04189 (S.D. Ohio Oct. 6, 2025). “Bentley’s breach of fiduciary duty claim that occurred outside of the four-year statutes of limitation for claims brought by a beneficiary, under Ohio Revised Code § 5810.05, and claims brought by a co-trustee, under Ohio Revised Code § 2305.”
Ohio Rev. Code § 5810.05(C): 12 cases
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492. “09 and the claims remained barred after the OTC went into effect, pursuant to R.C. 5811.03(B). Applying R.”
Bonner v. Delp, 2021-Ohio-3772, 180 N.E.3d 11. “claims, thus the limitations period set forth in R.C. 5810.05 is inapplicable. Instead, she claimed, R.”
Helton v. Fifth Third Bank, 2019-Ohio-5208. “In its judgment entry, the trial court found that the essence of all the Clarke siblings’ claims was a breach of fiduciary duty for the failure to diversify and that the claims were filed outside of the four-year limitation period set forth in R.C. 5810.05. It further found that…”
Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank, 2018-Ohio-661, 106 N.E.3d 866. “) 2 {¶ 30} Pursuant to Cundall and R.C. 5810.05, contrary to RSA's assertion, the claims against HNB accrued and the four-year statute of limitations began to run when RSA either knew or should have known of the breach of trust, not when HNB "ended its role as trustee by selling…”
Cywes v. Cywes, No. 2:22-cv-04189 (S.D. Ohio Oct. 6, 2025). “Bentley’s breach of fiduciary duty claim that occurred outside of the four-year statutes of limitation for claims brought by a beneficiary, under Ohio Revised Code § 5810.05, and claims brought by a co-trustee, under Ohio Revised Code § 2305.”
Ohio Rev. Code § 5810.05(C)(1): 1 case
Bonner v. Delp, 2021-Ohio-3772, 180 N.E.3d 11. “claims, thus the limitations period set forth in R.C. 5810.05 is inapplicable. Instead, she claimed, R.”
Ohio Rev. Code § 5810.05(C)(3): 1 case
Thompson v. Butler, 2013-Ohio-1075. “R.C.5810.05(C) states: [A] judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within four years after the first of the following to occur: (1) The removal, resignation, or death of the trustee; (2) The termination of the beneficiary's…”
Ohio Rev. Code § 5810.05(C)(4): 5 cases
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492. “09 and the claims remained barred after the OTC went into effect, pursuant to R.C. 5811.03(B). Applying R.”
Bonner v. Delp, 2021-Ohio-3772, 180 N.E.3d 11. “claims, thus the limitations period set forth in R.C. 5810.05 is inapplicable. Instead, she claimed, R.”
Helton v. Fifth Third Bank, 2019-Ohio-5208. “In its judgment entry, the trial court found that the essence of all the Clarke siblings’ claims was a breach of fiduciary duty for the failure to diversify and that the claims were filed outside of the four-year limitation period set forth in R.C. 5810.05. It further found that…”
Thompson v. Butler, 2013-Ohio-1075. “R.C.5810.05(C) states: [A] judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within four years after the first of the following to occur: (1) The removal, resignation, or death of the trustee; (2) The termination of the beneficiary's…”
May v. Copeland, 947 N.E.2d 1239 (Ohio Ct. App. 5th Dist. 2010). “In its September 2, 2009 journal entry, the trial court held that that request was barred by the four-year statute of limitations set forth in R.C. 5810.05. The trial court indicated that appellee *12 had received records for 1997 on March 18, 1998, 2 that appellee had testified…”
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