Oregon Revised Statutes Chapter 130 § 130.805 — UTC
Oregon Revised Statutes Chapter 130 ·
Oregon Code § 130.805·Enacted ·Last updated March 01, 2026
Statute Text
UTC
1002. Damages for breach of trust.
(1) A trustee who commits a breach of trust is liable to the beneficiaries
affected for the greatest of:
(a) The amount of
damages caused by the breach;
(b) The amount
required to restore the value of the trust property and trust distributions to
what they would have been had the breach not occurred; or
(c) The profit
the trustee made by reason of the breach.
(2) Except as
otherwise provided in this subsection, if more than one trustee is liable to
the beneficiaries for a breach of trust, a trustee is entitled to contribution
from the other trustee or trustees. In determining the amount of contribution,
the court shall consider the degree of fault of each trustee and whether any
trustee or trustees acted in bad faith or with reckless indifference to the
purposes of the trust or the interests of the beneficiaries. A trustee who
received a benefit from the breach of trust is not entitled to contribution
from another trustee to the extent of the benefit received. [2005 c.348 §84;
2017 c.17 §6]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 130.805
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
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