130.235 In
terrorem clause.
(1) Except as provided in this section, an in terrorem clause in a trust is
valid and enforceable. If a beneficiary challenges a trust that contains an in
terrorem clause that applies to the beneficiary, the court shall enforce the
clause against the beneficiary even though the beneficiary establishes that
there was probable cause for the challenge.
(2) The court
shall not enforce an in terrorem clause if the beneficiary challenging the
trust establishes that the beneficiary has probable cause to believe that the
trust is a forgery or that the trust has been revoked.
(3) The court
shall not enforce an in terrorem clause if the challenge is brought by a
fiduciary acting on behalf of a protected person under the provisions of ORS
chapter 125, a guardian ad litem appointed for a minor or a guardian ad litem
appointed for an incapacitated or financially incapable person.
(4) For the
purposes of this section, “in terrorem clause” means a provision in a trust
that reduces or eliminates the interest of a beneficiary under the trust if the
beneficiary challenges the validity of part or all of the trust. [2005 c.348 §38]
Notes of Decisions
Cited in
1
case (
1 in the last 5 years), 2026–2026 · leading case:
Dombrowsky & Beaumont, 350 Or. App. 92 (Or. Ct. App. 2026).
Dombrowsky & Beaumont, 350 Or. App. 92 (Or. Ct. App. 2026).
· cites it 3× “ereof, in the attempt or actually to have such court exercise juris- diction over the Agreement, or of any Settlor, or of any Trustee or of any actual or contingent or proposed bene- ficiary hereunder, or of any other natural or legal person in any fashion, or any or all of the…”
— Or. Rev. Stat. § 130.235(1) — 1 case
Dombrowsky & Beaumont, 350 Or. App. 92 (Or. Ct. App. 2026).
“ereof, in the attempt or actually to have such court exercise juris- diction over the Agreement, or of any Settlor, or of any Trustee or of any actual or contingent or proposed bene- ficiary hereunder, or of any other natural or legal person in any fashion, or any or all of the…”
— Or. Rev. Stat. § 130.235(4) — 1 case
Dombrowsky & Beaumont, 350 Or. App. 92 (Or. Ct. App. 2026).
“ereof, in the attempt or actually to have such court exercise juris- diction over the Agreement, or of any Settlor, or of any Trustee or of any actual or contingent or proposed bene- ficiary hereunder, or of any other natural or legal person in any fashion, or any or all of the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.