Oregon Revised Statutes Chapter 130 § 130.835 — UTC
Oregon Revised Statutes Chapter 130 ·
Oregon Code § 130.835·Enacted ·Last updated March 01, 2026
Statute Text
UTC
1008. Exculpation of trustee.
(1) A term of a trust relieving a trustee of liability for breach of trust is
unenforceable to the extent that the term:
(a) Relieves the
trustee of liability for breach of trust committed in bad faith or with
reckless indifference to the purposes of the trust or the interests of the
beneficiaries; or
(b) Was inserted
as the result of an abuse by the trustee of a fiduciary or confidential
relationship to the settlor.
(2) An
exculpatory term drafted or caused to be drafted by the trustee is invalid as
an abuse of a fiduciary or confidential relationship unless:
(a) The settlor
is represented by an independent counsel who reviewed the term; or
(b) The trustee
proves that the exculpatory term is fair under the circumstances and that the
terms existence and contents were adequately communicated to the settlor. [2005
c.348 §90]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 130.835
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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