Oregon Revised Statutes Chapter 130 § 130.155 — UTC
Oregon Revised Statutes Chapter 130 ·
Oregon Code § 130.155·Enacted ·Last updated March 01, 2026
Statute Text
UTC
402. Requirements for creation.
(1) A trust is created only if all of the following requirements are met:
(a) The settlor
has capacity to create a trust.
(b) The settlor
indicates an intention to create the trust.
(c) The trust has
a definite beneficiary or is:
(A) A charitable
trust;
(B) A trust for
the care of an animal, as provided in ORS 130.185;
(C) A trust for a
noncharitable purpose, as provided in ORS 130.190; or
(D) A stewardship
trust, as provided in ORS 130.193.
(d) The trustee
has duties to perform.
(e) The same
person is not the sole trustee and sole beneficiary.
(2) A beneficiary
is definite for the purposes of subsection (1)(c) of this section if the
beneficiary can be ascertained when the trust is created or at any time
thereafter, subject to any applicable rule against perpetuities.
(3) A power of a
trustee to select a beneficiary from an indefinite class is valid. If the power
is not exercised within a reasonable time, the power fails and the property
subject to the power passes to the persons who would have taken the property
had the power not been conferred. [2005 c.348 §22; 2019 c.162 §5]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 130.155
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
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