Oregon Revised Statutes Chapter 130 § 130.205 — UTC
Oregon Revised Statutes Chapter 130 ·
Oregon Code § 130.205·Enacted ·Last updated March 01, 2026
Statute Text
UTC
412. Modifications or termination because of unanticipated circumstances or
inability to administer trust effectively.
(1) The court may modify the administrative or
dispositive terms of a trust or terminate the trust if modification or
termination will further the purposes of the trust and the modification or
termination is requested by reason of circumstances not anticipated by the
settlor. To the extent practicable, the modification must be made in accordance
with the settlors probable intention.
(2) The court may
modify the administrative terms of a trust if continuation of the trust on its
existing terms would be impracticable or wasteful, or would impair the trusts
administration.
(3) A trustee may
terminate a trust if:
(a) Termination
is appropriate by reason of circumstances not anticipated by the settlor;
(b) Termination
will not be inconsistent with the material purposes of the trust;
(c) All qualified
beneficiaries have consented to the termination;
(d) The trustee
is not a beneficiary of the trust and has no duty of support for any
beneficiary of the trust; and
(e) In the case
of a charitable trust, the Attorney General has consented to the termination.
(4) Upon
termination of a trust under this section, the trustee shall distribute the
trust property in a manner consistent with the purposes of the trust. [2005
c.348 §32; 2007 c.515 §1; 2009 c.275 §12]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 130.205
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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