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Oregon Revised Statutes

Or. Rev. Stat. § 130.505 (2026)

UTC 602. Revocation or amendment of revocable trust

✓ current as of May 2026
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      130.505 UTC 602. Revocation or amendment of revocable trust. (1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor of the trust may revoke or amend the trust.

      (2) Unless the trust expressly provides otherwise, if a revocable trust is created or funded by more than one settlor:

      (a) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;

      (b) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust as to the portion of the trust property attributable to that settlor’s contribution; and

      (c) Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.

      (3) The settlor may revoke or amend a revocable trust:

      (a) By substantial compliance with a method provided in the terms of the trust; or

      (b) If the terms of the trust do not provide a method, by any other method, except for execution of a will or codicil, manifesting clear and convincing evidence of the settlor’s intent.

      (4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

      (5) A settlor’s powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent or attorney-in-fact under a power of attorney only to the extent expressly authorized by the terms of the trust.

      (6) The settlor’s conservator, or the settlor’s guardian if a conservator has not been appointed for the settlor, may exercise a settlor’s powers with respect to revocation, amendment or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.

      (7) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor’s successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. [2005 c.348 §46]

 

      Note: Section 47, chapter 348, Oregon Laws 2005, provides:

      Sec. 47. Section 46 (1) of this 2005 Act [130.505 (1)] does not apply to a trust created under an instrument executed before the effective date of this 2005 Act [January 1, 2006]. [2005 c.348 §47]

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2006–2021 · leading case: Hope Presbyterian Church v. Presbyterian Church, 291 P.3d 711 (Or. 2012).
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Hope Presbyterian Church v. Presbyterian Church, 291 P.3d 711 (Or. 2012). · cites it 6× “Or Laws 2005, ch 348, § 47, compiled as a note after ORS 130.505 (2011) (“Section 46 (1) of this 2005 Act [ORS 130.”
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015). “” ORS 130.505(1). The settlor has the power to direct the actions of the trustee, including the power to direct the trustee to take actions “contrary to the terms of the trust.”
Oregon v. Roman Catholic Archbishop (In Re Roman Catholic Archbishop), 345 B.R. 686 (Bankr. D. Or. 2006). · cites it 2× “4, supra, Oregon's enactment of the Uniform Trust Code, of which ORS 130.505 is a part, does not apply to this adversary proceeding.”
Borough v. Caldwell (A171075), 497 P.3d 1260 (Or. Ct. App. 2021). · cites it 3× “During the settlor’s lifetime, the settlor may “revoke or amend the trust,” ORS 130.505(1), and the par- ties agree that consideration is immaterial to the formation, Cite as 314 Or App 48 (2021) 55 amendment, or revocation of a trust, see Hope Presbyterian, 352 Or at 695 .”
Hannah v. Washington Cnty. Assessor (Or. T.C. 2016). · cites it 2× “) Oregon adopted the Uniform Trust Code (OUTC) in 2005. See Or Laws 2005, ch 348.”
— Or. Rev. Stat. § 130.505(1) — 5 cases
Hope Presbyterian Church v. Presbyterian Church, 291 P.3d 711 (Or. 2012). “Or Laws 2005, ch 348, § 47, compiled as a note after ORS 130.505 (2011) (“Section 46 (1) of this 2005 Act [ORS 130.”
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015). “” ORS 130.505(1). The settlor has the power to direct the actions of the trustee, including the power to direct the trustee to take actions “contrary to the terms of the trust.”
Oregon v. Roman Catholic Archbishop (In Re Roman Catholic Archbishop), 345 B.R. 686 (Bankr. D. Or. 2006). “4, supra, Oregon's enactment of the Uniform Trust Code, of which ORS 130.505 is a part, does not apply to this adversary proceeding.”
Borough v. Caldwell (A171075), 497 P.3d 1260 (Or. Ct. App. 2021). “During the settlor’s lifetime, the settlor may “revoke or amend the trust,” ORS 130.505(1), and the par- ties agree that consideration is immaterial to the formation, Cite as 314 Or App 48 (2021) 55 amendment, or revocation of a trust, see Hope Presbyterian, 352 Or at 695 .”
Hannah v. Washington Cnty. Assessor (Or. T.C. 2016). “) Oregon adopted the Uniform Trust Code (OUTC) in 2005. See Or Laws 2005, ch 348.”
— Or. Rev. Stat. § 130.505(3) — 1 case
Borough v. Caldwell (A171075), 497 P.3d 1260 (Or. Ct. App. 2021). “During the settlor’s lifetime, the settlor may “revoke or amend the trust,” ORS 130.505(1), and the par- ties agree that consideration is immaterial to the formation, Cite as 314 Or App 48 (2021) 55 amendment, or revocation of a trust, see Hope Presbyterian, 352 Or at 695 .”
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