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Oregon Revised Statutes

Or. Rev. Stat. § 130.230 (2026)

UTC 417. Combination and division of trusts

✓ current as of May 2026
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      130.230 UTC 417. Combination and division of trusts. (1) Subject to subsection (2) of this section, a trustee may:

      (a) Combine two or more trusts into a single trust by taking into account the pro rata economic interests of each beneficiary of each trust; or

      (b) Divide a trust into two or more separate trusts.

      (2) In taking any of the actions under subsection (1) of this section, the trustee shall:

      (a) Provide notice to all qualified beneficiaries in accordance with ORS 130.733;

      (b) Consider the individual rights of each beneficiary;

      (c) Exercise due care and prudent judgment;

      (d) Consider the terms of the trust instrument and amendments, if any, as well as all applicable statutory law; and

      (e) Take the action only if the result does not materially impair the rights of any beneficiary or adversely affect achievement of the intent of the trustor. [2005 c.348 §37; 2015 c.126 §2]

 

      Note: Section 5, chapter 126, Oregon Laws 2015, provides:

      Sec. 5. The amendments to ORS 130.230, 130.232, 130.715 and 130.730 by sections 1 to 4, chapter 126, Oregon Laws 2015, apply only to trusts executed on or after January 1, 2016, and to trust proceedings commenced on or after the effective date of this 2017 Act [May 15, 2017], regardless of when the trust at issue was executed. [2015 c.126 §5; 2017 c.54 §1]

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Sherertz v. Brownstein Rask, 498 P.3d 850 (Or. Ct. App. 2021).
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Sherertz v. Brownstein Rask, 498 P.3d 850 (Or. Ct. App. 2021). “See ORS 130.230. However, if the beneficial interests are not aligned, the duties to dif- fering beneficiaries will prevent such an arrangement.”
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