Ohio Rev. Code » Chapter 5810
Ohio Revised Code

Ohio Rev. Code § 5810.09 (2026)

Beneficiary or representative's consent to conduct constituting breach

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
March 22, 2012
Latest Legislation:
Senate Bill 117 - 129th General Assembly
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A trustee is not liable to a beneficiary for breach of trust if the beneficiary or the beneficiary's representative under the representation provisions of Chapter 5803. of the Revised Code consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless the consent, release, or ratification of the beneficiary or representative was induced by improper conduct of the trustee or, at the time of the consent, release, or ratification, the beneficiary or representative did not know of the beneficiary's rights or of the material facts relating to the breach.

This section applies regardless of whether the conduct being consented to, released, or ratified constitutes one or more breaches of fiduciary duty, violates one or more provisions of the Revised Code, or is taken without required court approval.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2007–2026 · leading case: Zook v. JPMorgan Chase Bank, 2017-Ohio-838, 85 N.E.3d 1197.
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Zook v. JPMorgan Chase Bank, 2017-Ohio-838, 85 N.E.3d 1197. · cites it 6× “As an alternative to such judicial proceedings, the trustee may obtain a release from beneficiaries under R.C. 5810.09, 5808.17(C), and 5808.02(B)(4).”
Wall-Meiring v. Gibson, 2023-Ohio-664, 210 N.E.3d 566. · cites it 3× “Kim and Rentals’ Second Motion for Partial Summary Judgment {¶ 51} Kim and Rentals argued the second cause of action should be dismissed because: Sylvia was barred from her claim regarding the sale of Nancy’s home, as Sylvia consented to the transaction in writing, pursuant to…”
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492. “See R.C. 5810.09. A trustee is not liable to a beneficiary for breach of the trust if the beneficiary consented to the conduct or ratified the transaction constituting the breach.”
Cundall v. U.S. Bank, N.A., 882 N.E.2d 481 (Ohio Ct. App. 1st Dist. 2007). “R.C. 5810.09. 15 . See, also, Restatement of the Law 2d, Trusts (1992), Sections 170 and 206.”
May v. Copeland, 947 N.E.2d 1239 (Ohio Ct. App. 5th Dist. 2010). · cites it 2× “” {¶ 53} In her brief, appellant cites R.C. 5810.09 in arguing that the trial court did not err in ordering her to repay only half of the damages to the trust.”
Lashaway v. Lashaway, 2026-Ohio-1168. · cites it 3× “from them and did not give Connie any additional money based on R.C. 5810.09. He claims that this is sufficient to show that he has paid full value for the farm.”
Ohio Rev. Code § 5810.09(C): 1 case
Zook v. JPMorgan Chase Bank, 2017-Ohio-838, 85 N.E.3d 1197. “As an alternative to such judicial proceedings, the trustee may obtain a release from beneficiaries under R.C. 5810.09, 5808.17(C), and 5808.02(B)(4).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.