Oregon Revised Statutes Chapter 130 § 130.305 — UTC
Oregon Revised Statutes Chapter 130 ·
Oregon Code § 130.305·Enacted ·Last updated March 01, 2026
Statute Text
UTC
502. Spendthrift provision.
(1) A spendthrift provision is valid only if the provision restrains both
voluntary and involuntary transfer of a beneficiarys interest.
(2) A term of a
trust providing that the interest of a beneficiary is held subject to a
spendthrift trust, or words of similar import, is sufficient to restrain both
voluntary and involuntary transfer of the beneficiarys interest.
(3) A beneficiary
may not transfer an interest in a trust in violation of a valid spendthrift
provision. Except as otherwise provided in ORS 130.300 to 130.325, a creditor
or assignee of a beneficiary may not reach the interest of a beneficiary or a
distribution by the trustee before the distribution is received by the
beneficiary.
(4) A settlement
agreement entered into under ORS 130.045 is not, by itself, a transfer in
violation of a valid spendthrift provision. [2005 c.348 §40; 2013 c.529 §7]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 130.305
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
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