(A) Except as otherwise provided in Chapters 5801. to 5811. of the Revised Code, all of the following apply:
(1) Chapters 5801. to 5811. of the Revised Code apply to all trusts created before, on, or after their effective date.
(2) Chapters 5801. to 5811. of the Revised Code apply to all judicial proceedings concerning trusts commenced on or after their effective date.
(3) Chapters 5801. to 5811. of the Revised Code apply to judicial proceedings concerning trusts commenced before the effective date of those chapters unless the court finds that application of a particular provision of those chapters would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision does not apply, and the superseded law applies.
(4) Any rule of construction or presumption provided in Chapters 5801. to 5811. of the Revised Code applies to trust instruments executed before the effective date of those chapters unless there is a clear indication of a contrary intent in the terms of the trust.
(5) Chapters 5801. to 5811. of the Revised Code do not affect an act done before the effective date of those chapters.
(B) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of Chapters 5801. to 5811. of the Revised Code, that statute continues to apply to the right even if it has been repealed or superseded.
Notes of Decisions
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492.
· cites it 10× “R.C. 5811.03 concerns the application of the OTC to existing relationships: R.”
Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032.
· cites it 2× “R.C. 5811.03. unambiguous, a court can ascertain the settlor’s intent from the express terms of the trust itself, and extrinsic evidence is not admissible to interpret the trust provisions.”
Cartwright v. Batner, 2014-Ohio-2995, 15 N.E.3d 401.
· cites it 2× “See R.C. 5811.03(A)(1). It also applies “to judicial proceedings concerning trusts commenced before the effective date of those chapters unless the court finds that application of a particular provision of those chapters would substantially interfere with the effective conduct…”
Cundall v. U.S. Bank, N.A., 882 N.E.2d 481 (Ohio Ct. App. 1st Dist. 2007).
· cites it 2× “40 According to R.C. 5811.03, 41 which describes the retroactive applicability of the newly enacted Ohio Trust Code, R.”
May v. Copeland, 947 N.E.2d 1239 (Ohio Ct. App. 5th Dist. 2010).
· cites it 2× “” {¶ 66} In turn, R.C. 5811.03 states as follows: {¶ 67} “(A) Except as otherwise provided in Chapters 5801.”
Ohio Rev. Code § 5811.03(A)(1): 1 case
Cartwright v. Batner, 2014-Ohio-2995, 15 N.E.3d 401.
“See R.C. 5811.03(A)(1). It also applies “to judicial proceedings concerning trusts commenced before the effective date of those chapters unless the court finds that application of a particular provision of those chapters would substantially interfere with the effective conduct…”
Ohio Rev. Code § 5811.03(A)(3): 3 cases
Cartwright v. Batner, 2014-Ohio-2995, 15 N.E.3d 401.
“See R.C. 5811.03(A)(1). It also applies “to judicial proceedings concerning trusts commenced before the effective date of those chapters unless the court finds that application of a particular provision of those chapters would substantially interfere with the effective conduct…”
Cundall v. U.S. Bank, N.A., 882 N.E.2d 481 (Ohio Ct. App. 1st Dist. 2007).
“40 According to R.C. 5811.03, 41 which describes the retroactive applicability of the newly enacted Ohio Trust Code, R.”
May v. Copeland, 947 N.E.2d 1239 (Ohio Ct. App. 5th Dist. 2010).
“” {¶ 66} In turn, R.C. 5811.03 states as follows: {¶ 67} “(A) Except as otherwise provided in Chapters 5801.”
Ohio Rev. Code § 5811.03(B): 1 case
Newcomer v. Natl. City Bank, 2014-Ohio-3619, 19 N.E.3d 492.
“R.C. 5811.03 concerns the application of the OTC to existing relationships: R.”
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