Oregon Revised Statutes Chapter 105 § 105.629 — Power
Oregon Revised Statutes Chapter 105 ·
Oregon Code § 105.629·Enacted ·Last updated March 01, 2026
Statute Text
Power
to disclaim; general requirements; when irrevocable.
(1) A person may disclaim, in
whole or part, any interest in property or any power over property, including a
power of appointment. A person may disclaim the interest or power even if the
person who created the interest or power imposed a spendthrift provision or
similar restriction on transfer or imposed a restriction or limitation on the
right to disclaim.
(2) Except to the
extent that a fiduciarys right to disclaim is expressly restricted or limited
by another statute of this state or by the instrument creating the fiduciary
relationship, a fiduciary may disclaim, in whole or part, any interest in
property or power over property, including a power of appointment, without
regard to whether the fiduciary is acting in a personal or representative
capacity. A fiduciary may disclaim the interest or power even if the creator of
the interest or power imposed a spendthrift provision or similar restriction on
transfer or a restriction or limitation on the right to disclaim, or an
instrument other than the instrument that created the fiduciary relationship
imposed a restriction or limitation on the right to disclaim.
(3) To be
effective, a disclaimer must:
(a) Be in writing
or otherwise recorded by inscription on a tangible medium or by storage in an
electronic or other medium in a manner that allows the disclaimer to be
retrieved in perceivable form;
(b) Declare that
the person disclaims the interest in the property or in the power;
(c) Describe the
interest in property or power over property that is disclaimed;
(d) Be signed by
the person making the disclaimer; and
(e) Be delivered
or filed in the manner provided in ORS 105.642.
(4) A partial
disclaimer may be expressed as a fraction, percentage, monetary amount, term of
years, limitation of a power or as any other interest or estate in the
property.
(5) A disclaimer
is irrevocable when the disclaimer is delivered or filed pursuant to ORS
Plain English Explanation
This Oregon statute addresses Power
. AI-powered analysis coming soon.
Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 105.629
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Power
. Read the full statute text above for details.
This page reflects the current text as of our last update. Always verify with the official Oregon legislature website for the most current version.
The formal citation is Oregon Code § 105.629. Use this format in legal documents and court filings.
Browse related sections using the links below, or search all Oregon statutes on FlawFinder.