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In determining what constitutes a material purpose of a trust, a court may but is not required to consider extrinsic evidence indicating a settlor's intent at the time the instrument was executed. Section 5804.11 termination or modification of noncharitable irrevocable trust. Justia us law us codes and statutes ohio revised code 2011 ohio revised code title [58] lviii trusts chapter 5804
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Creation, modification, revocation, and termination 5804.11 termination or modification of noncharitable irrevocable trust. (a) if upon petition the court finds that the settlor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust,. A written instrument which authorizes one person to act as another's agent or attorney
The power of attorney may be for a definite, specific act, or it may be general in nature
The terms of the written power of attorney may specify when it will expire. Ohio revised code § 5804.11 provides that if the settlor and all the beneficiaries consent, the court must enter an order approving modification or termination of the trust, even if the modification or termination is inconsistent with a material purpose of the trust. An agent under a power of attorney may exercise a settlor's power to consent to a trust's modification or termination only to the extent expressly authorized by both the power of attorney and the terms of the trust. Get full details of ohio rev
— trustscreation, modification, revocation, and termination — termination or modification of noncharitable irrevocable trust on casemine. The settlor may commence a proceeding to approve or disapprove a proposed modification or termination under section 5804.11 of the revised code The settlor of a charitable trust may maintain a proceeding to modify the trust under section 5804.13 of the revised code. Section 5804.10 | termination of trust by revocation or by terms
Section 5804.11 | termination or modification of noncharitable irrevocable trust
Section 5804.12 | judicial action due to change of circumstances Section 5804.13 | judicial action where charitable purpose frustrated.
