Oregon Revised Statutes Chapter 130 § 130.235 — In
Oregon Revised Statutes Chapter 130 ·
Oregon Code § 130.235·Enacted ·Last updated March 01, 2026
Statute Text
In
terrorem clause.
(1) Except as provided in this section, an in terrorem clause in a trust is
valid and enforceable. If a beneficiary challenges a trust that contains an in
terrorem clause that applies to the beneficiary, the court shall enforce the
clause against the beneficiary even though the beneficiary establishes that
there was probable cause for the challenge.
(2) The court
shall not enforce an in terrorem clause if the beneficiary challenging the
trust establishes that the beneficiary has probable cause to believe that the
trust is a forgery or that the trust has been revoked.
(3) The court
shall not enforce an in terrorem clause if the challenge is brought by a
fiduciary acting on behalf of a protected person under the provisions of ORS
chapter 125, a guardian ad litem appointed for a minor or a guardian ad litem
appointed for an incapacitated or financially incapable person.
(4) For the
purposes of this section, in terrorem clause means a provision in a trust
that reduces or eliminates the interest of a beneficiary under the trust if the
beneficiary challenges the validity of part or all of the trust. [2005 c.348 §38]
Plain English Explanation
This Oregon statute addresses In
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 130.235
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses In
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