130.010 UTC
103. Definitions.
For the purposes of this chapter:
(1) “Ascertainable
standard” means an ascertainable standard relating to an individual’s health,
education, support or maintenance within the meaning of section 2041(b)(1)(A)
or 2514(c)(1) of the Internal Revenue Code, as in effect on January 1, 2006.
(2) “Beneficiary”
means a person that:
(a) Has a present
or future beneficial interest in a trust, whether vested or contingent; or
(b) Holds a power
of appointment over trust property in a capacity other than that of trustee.
(3) “Charitable
trust” means a trust, or portion of a trust, described in ORS 130.170 (1).
(4) “Conservator”
means a person appointed by a court to administer the estate of a minor or
adult individual.
(5) “Environmental
law” means a federal, state or local law, rule, regulation or ordinance
relating to protection of the environment.
(6) “Financial
institution” has the meaning given that term in ORS 706.008.
(7) “Financially
incapable” has the meaning given that term in ORS 125.005. “Financially capable”
means not financially incapable.
(8) “Guardian”
means a person appointed by a court to make decisions regarding the support,
care, education, health and welfare of a minor or adult individual. “Guardian”
does not include a guardian ad litem.
(9) “Interests of
the beneficiaries” means the beneficial interests provided in the terms of a
trust.
(10) “Permissible
distributee” means a beneficiary who is currently eligible to receive
distributions of trust income or principal, whether the distribution is
mandatory or discretionary.
(11) “Person”
means an individual, corporation, business trust, partnership, limited
liability company, association, joint venture, public body as defined in ORS
174.109 or any other legal or commercial entity.
(12) “Power of
withdrawal” means a presently exercisable general power of appointment, other
than a power exercisable by a trustee that is limited by an ascertainable
standard or that is exercisable by another person only upon consent of the
trustee or a person holding an adverse interest.
(13) “Property”
means anything that may be the subject of ownership, whether real or personal,
legal or equitable, or any interest therein.
(14) “Qualified
beneficiary” means a beneficiary who:
(a) Is a
permissible distributee on the date the beneficiary’s qualification is
determined;
(b) Would be a
permissible distributee if the interests of all permissible distributees
described in paragraph (a) of this subsection terminated on the date the
beneficiary’s qualification is determined; or
(c) Would be a
permissible distributee if the trust terminated on the date the beneficiary’s
qualification is determined.
(15) “Remote
interest beneficiary” means a beneficiary of a trust whose beneficial interest
in the trust, at the time the determination of interest is made, is contingent
upon the successive terminations of both the interest of a qualified
beneficiary and the interest of a secondary beneficiary whose interests precede
the interest of the remote interest beneficiary.
(16) “Revocable
trust” means a trust that can be revoked by the settlor without the consent of
the trustee or a person holding an adverse interest.
(17) “Secondary
beneficiary” means a beneficiary, other than a qualified beneficiary, whose
beneficial interest in the trust, at the time the determination of interest is
made, is contingent solely upon the termination of all qualified beneficiary
interests that precede the interest of the secondary beneficiary.
(18) “Settlor”
means a person, including a testator, who creates a trust or contributes
property to a trust. If more than one person creates or contributes property to
a trust, each person is a settlor of the portion of the trust property
attributable to that person’s contribution and of the portion as to which that
person has the power to revoke or withdraw.
(19) “Spendthrift
provision” means a term of a trust that restrains both voluntary and
involuntary transfer of a beneficiary’s interest.
(20) “State”
means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands or any territory or insular possession subject to
the jurisdiction of the United States. “State” includes an Indian tribe or band
recognized by federal law or formally acknowledged by a state.
(21) “Terms of a
trust” means the manifestation of the settlor’s intent regarding a trust’s
provisions as expressed in the trust instrument or as may be established by
other evidence that would be admissible in a judicial proceeding.
(22) “Trust
instrument” means an instrument executed by a settlor that contains terms of
the trust, including any amendments to the instrument.
(23) “Trustee”
means an original trustee, an additional trustee, a successor trustee or a
cotrustee. [2005 c.348 §3; 2009 c.275 §1; 2009 c.294 §16; 2013 c.529 §1]
Notes of Decisions
Cited in
9
cases (
5 in the last 5 years), 2006–2026 · leading case:
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
· cites it 4× “ORS 130.010(14) defines a “qualified beneficiary” as “a beneficiary who: “(a) Is a permissible distributee on the date the beneficiary’s qualification is determined; “(b) Would be a permissible distributee if the interests of all permissible distributees described in paragraph…”
Dalton v. Robert Jahn Corp., 146 P.3d 399 (Or. Ct. App. 2006).
· cites it 2× “010, relating to trust administration, refers to section 2041 of the Internal Revenue Code, which, with its interpretive regulations, recognizes that a power to invade trust income or corpus for health, support, or maintenance is reasonably measurable. Cf. Treas Reg §…”
In Re the Marriage of Githens, 204 P.3d 835 (Or. Ct. App. 2009).
· cites it 2× “" ORS 130.010(13). That definition applies to all trusts "created before, on or after January 1, 2006," but it does not apply "to judicial, administrative and other proceedings concerning trusts commenced before January 1, 2006.”
Borough v. Caldwell (A171075), 497 P.3d 1260 (Or. Ct. App. 2021).
“Tseng, 271 Or App 657, 659 , 352 P3d 74 , rev den, 358 Or 69 (2015); see also ORS 130.010(16) (“ ‘Revocable trust’ means a trust that can be revoked by the settlor without the con- sent of the trustee or a person holding an adverse interest.”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“” ORS 130.010(14). The parties do not dispute that petitioners are “qualified bene- ficiaries” entitled to receive information about the trust.”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“” ORS 130.010(14). The parties do not dispute that petitioners are “qualified bene- ficiaries” entitled to receive information about the trust.”
Fenner v. Fenner, 329 Or. App. 678 (Or. Ct. App. 2023).
“” The trial court did not err in denying Roberta’s motion to dismiss Hillary’s objections for lack of standing because Hillary has standing to object in the accounting case as a vested beneficiary to the trust.”
— Or. Rev. Stat. § 130.010(12) — 1 case
— Or. Rev. Stat. § 130.010(13) — 1 case
In Re the Marriage of Githens, 204 P.3d 835 (Or. Ct. App. 2009).
“" ORS 130.010(13). That definition applies to all trusts "created before, on or after January 1, 2006," but it does not apply "to judicial, administrative and other proceedings concerning trusts commenced before January 1, 2006.”
— Or. Rev. Stat. § 130.010(14) — 3 cases
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
“ORS 130.010(14) defines a “qualified beneficiary” as “a beneficiary who: “(a) Is a permissible distributee on the date the beneficiary’s qualification is determined; “(b) Would be a permissible distributee if the interests of all permissible distributees described in paragraph…”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“” ORS 130.010(14). The parties do not dispute that petitioners are “qualified bene- ficiaries” entitled to receive information about the trust.”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“” ORS 130.010(14). The parties do not dispute that petitioners are “qualified bene- ficiaries” entitled to receive information about the trust.”
— Or. Rev. Stat. § 130.010(16) — 2 cases
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
“ORS 130.010(14) defines a “qualified beneficiary” as “a beneficiary who: “(a) Is a permissible distributee on the date the beneficiary’s qualification is determined; “(b) Would be a permissible distributee if the interests of all permissible distributees described in paragraph…”
Borough v. Caldwell (A171075), 497 P.3d 1260 (Or. Ct. App. 2021).
“Tseng, 271 Or App 657, 659 , 352 P3d 74 , rev den, 358 Or 69 (2015); see also ORS 130.010(16) (“ ‘Revocable trust’ means a trust that can be revoked by the settlor without the con- sent of the trustee or a person holding an adverse interest.”
— Or. Rev. Stat. § 130.010(2) — 1 case
Fenner v. Fenner, 329 Or. App. 678 (Or. Ct. App. 2023).
“” The trial court did not err in denying Roberta’s motion to dismiss Hillary’s objections for lack of standing because Hillary has standing to object in the accounting case as a vested beneficiary to the trust.”
— Or. Rev. Stat. § 130.010(2)(a) — 1 case
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
“ORS 130.010(14) defines a “qualified beneficiary” as “a beneficiary who: “(a) Is a permissible distributee on the date the beneficiary’s qualification is determined; “(b) Would be a permissible distributee if the interests of all permissible distributees described in paragraph…”
— Or. Rev. Stat. § 130.010(9) — 1 case
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
“ORS 130.010(14) defines a “qualified beneficiary” as “a beneficiary who: “(a) Is a permissible distributee on the date the beneficiary’s qualification is determined; “(b) Would be a permissible distributee if the interests of all permissible distributees described in paragraph…”
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