1. Competent: The grantor must have the capacity to establish a trust.
2. Intent: The grantor must indicate an intention to create the trust.
3. Definite Beneficiary: Unless it is a charitable trust or a trust for the care of an animal, the trust must have a definite beneficiary.
4. Trustee’s Duties: The trustee must have duties to perform.
5. Sole Trustee Cannot be the Sole Beneficiary: The same person cannot be both the sole trustee and the sole beneficiary of the trust.^[1]

Amending/Revoking – Unless the terms of the trust explicitly provide that it is irrevocable, the grantor may amend or revoke the trust.^[2]

Bond Requirement – The trustee is only required to put forward a bond to secure the performance of their duties if this is a requirement under the terms of the trust or they have been ordered to do so by the court.^[3]

Certification of Trust – In lieu of a copy of the trust instrument, the trustee may provide a person who is not a beneficiary with a certification of trust that states, among other things, the existence of the trust, the identity of the grantor, and the trustee’s powers.^[4]

Co-Trustees – If there are three or more co-trustees administering a trust, they may act by majority decision.^[5]

Contesting a Trust – A person must commence an action contesting the validity of a trust within six months of receiving a copy of the trust instrument from the trustee or within two years of the death of the grantor, whichever is earlier.^[6]

Costs Related to the Trust – In the administration of a trust, the trustee may only incur reasonable and appropriate expenses in relation to the trust’s assets, its purposes, and the skills of the trustee.^[7]

Jurisdiction – A trust created in another state is valid in Ohio if it was established in compliance with the laws of the original jurisdiction in which the trust instrument was executed.^[8]

Oral Trusts – Clear and convincing evidence is required to establish the creation of a valid oral trust and its terms.^[9]

Pet Trusts – A trust may be created to provide for the care of one or more animals that are alive during the grantor’s lifetime. The trust terminates when the last surviving animal dies.^[10]

Signing Requirements – Ohio state law does not require a revocable trust to be signed.

Spendthrift Provision – A spendthrift provision is only valid if it restrains both the involuntary and voluntary transfer of a beneficiary’s interest, or if it permits the voluntary transfer of said interest only with the consent of a trustee who is not the beneficiary.^[11]

Trustee’s Compensation – If the trustee’s compensation is not specified by the terms of the trust, the trustee is otherwise entitled to reasonable compensation.^[12]

Trustee’s Duties – The trustee has a duty to administer the trust in good faith, in accordance with the law and with the terms of the trust, and in the interests of the beneficiaries.^[13]

Trustee’s Powers – The trustee has the power to collect, acquire, sell, exchange, partition, or otherwise change the character of trust property, along with any other powers conferred upon them by the terms of the trust and by Ohio law.^[14]