130.710 UTC
813. Duty to inform and report.
(1) A trustee shall keep the qualified beneficiaries of the trust reasonably
informed about the administration of the trust and of the material facts
necessary for those beneficiaries to protect their interests. If reasonable
under the circumstances, a trustee may respond to a request for information
related to the administration of the trust from a beneficiary who is not a
qualified beneficiary.
(2)(a) Upon
request of a qualified beneficiary, a trustee shall promptly furnish to the
qualified beneficiary a copy of the trust instrument.
(b) Within a
reasonable time after accepting a trusteeship, a trustee shall notify all
qualified beneficiaries of the acceptance and of the trustee’s name, address
and telephone number.
(c) Except as
provided in subsection (10) of this section, within a reasonable time after the
date the trustee acquires knowledge of the creation of an irrevocable trust, or
the date the trustee acquires knowledge that a formerly revocable trust has
become irrevocable, whether by the death of the settlor or otherwise, the
trustee shall notify the qualified beneficiaries of the trust’s existence, of
the identity of the settlor or settlors, of the right to request a copy of the
trust instrument and of the right to a trustee’s report as provided in
subsection (3) of this section.
(d) A trustee
shall notify the qualified beneficiaries in advance of any change in the method
or rate of the trustee’s compensation.
(3)(a) Except as
provided in subsection (10) of this section, a trustee shall send a trustee
report, at least annually and upon termination of the trust, to the permissible
distributees of trust income or principal and to other qualified beneficiaries
who request the report. The report must include a listing of trust property and
liabilities, and must show the market values of trust assets, if feasible. The
report must reflect all receipts and disbursements of the trust, including the
source and amount of the trustee’s compensation.
(b) Upon a
vacancy in a trusteeship, unless a cotrustee remains in office, and if required
by the successor trustee or the court, the former trustee shall send a trustee
report for the period from the prior report, if any, through the time of
vacancy to the qualified beneficiaries of the trust.
(c) A personal
representative, conservator or guardian may send the qualified beneficiaries a
trustee report on behalf of a deceased or financially incapable trustee.
(4) A qualified
beneficiary may waive the right to a trustee report or other information
otherwise required to be furnished under this section. A qualified beneficiary
may withdraw a waiver at any time for the purpose of future reports and other
information.
(5) A trustee may
charge a reasonable fee to a beneficiary for providing information under this
section.
(6) A beneficiary’s
request for any information under this section must be with respect to a single
trust that is sufficiently identified to enable the trustee to locate the trust’s
records.
(7) If the
trustee is bound by any confidentiality restrictions regarding a trust asset,
any beneficiary eligible under this section to receive information about that
asset must agree to be bound by the same confidentiality restrictions before
receiving the information.
(8) Despite any
other provision of this section, information, notice and reports required by
this section shall be given only to the settlor’s spouse if:
(a) The spouse
survives the settlor;
(b) The spouse is
financially capable;
(c) The spouse is
the only permissible distributee of the trust; and
(d) All of the
other qualified beneficiaries of the trust are descendants of the spouse.
(9)
Notwithstanding any other provision of this section, while the settlor of a
revocable trust is alive, beneficiaries other than the settlor have no right to
receive notice, information or reports under this section.
(10) A trustee
need not provide a qualified beneficiary with the notice of the right to a
trustee’s report under subsection (2)(c) of this section, and need not send
trustee reports to the beneficiary under subsection (3) of this section, until
six months after a revocable trust becomes irrevocable if the beneficiary’s
only interest in the trust is a distribution of a specific item of property or
distribution of a specific amount of money. The trustee must provide the notice
of the right to a trustee’s report required by subsection (2)(c) of this
section at the end of the six-month period if the beneficiary has not received
distribution of the specific item of property or specific amount of money
before the end of the period. If notice is provided to a qualified beneficiary
under this subsection, the trustee must thereafter send trustee reports to the
beneficiary until distribution of the specific item of property or specific
amount of money. [2005 c.348 §71; 2009 c.275 §18; 2013 c.529 §19]
Note: Section 72, chapter 348, Oregon
Laws 2005, provides:
Sec. 72. (1) Section 71 (2)(b) of this 2005
Act [130.710 (2)(b)] applies only to a trustee who accepts a trusteeship on or
after the effective date of this 2005 Act [January 1, 2006].
(2) Section 71
(2)(c) of this 2005 Act [130.710 (2)(c)] applies only to irrevocable trusts
created on or after the effective date of this 2005 Act and to revocable trusts
that become irrevocable on or after the effective date of this 2005 Act. [2005
c.348 §72]
Note: Section 19, chapter 275, Oregon
Laws 2009, provides:
Sec. 19. The amendments to ORS 130.710 by
section 18 of this 2009 Act apply only to revocable trusts that become
irrevocable on or after the effective date of this 2009 Act [January 1, 2010].
[2009 c.275 §19]
Notes of Decisions
Cited in
5
cases (
4 in the last 5 years), 2015–2025 · 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 34× “Additionally, “while the settlor of a revocable trust is alive, beneficiaries other than the settlor have no right to receive notice, information or reports” from the trustee regarding trust administration to which such beneficiaries would otherwise be entitled under ORS…”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
· cites it 9× “The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
Lewis v. Worley, 507 P.3d 814 (Or. Ct. App. 2022).
“510(1) (while the settlor of a revocable trust is alive, beneficiaries other than the settlor “have no right to receive notice, infor- mation, or reports under this chapter”).”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
· cites it 9× “The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
Lester L. Sumrall v. LeSea, Inc. (Ind. Ct. App. 2024).
“2015) (addressing “whether and to what extent, after a settlor’s death, ORS 130.710(1) requires a trustee of a revocable trust to provide beneficiaries of the trust with information about the administration of the trust during the settlor’s lifetime”), rev.”
— Or. Rev. Stat. § 130.710(1) — 4 cases
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
“Additionally, “while the settlor of a revocable trust is alive, beneficiaries other than the settlor have no right to receive notice, information or reports” from the trustee regarding trust administration to which such beneficiaries would otherwise be entitled under ORS…”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
Lester L. Sumrall v. LeSea, Inc. (Ind. Ct. App. 2024).
“2015) (addressing “whether and to what extent, after a settlor’s death, ORS 130.710(1) requires a trustee of a revocable trust to provide beneficiaries of the trust with information about the administration of the trust during the settlor’s lifetime”), rev.”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
— Or. Rev. Stat. § 130.710(2) — 1 case
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
“Additionally, “while the settlor of a revocable trust is alive, beneficiaries other than the settlor have no right to receive notice, information or reports” from the trustee regarding trust administration to which such beneficiaries would otherwise be entitled under ORS…”
— Or. Rev. Stat. § 130.710(3) — 2 cases
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
— Or. Rev. Stat. § 130.710(3)(a) — 3 cases
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
“Additionally, “while the settlor of a revocable trust is alive, beneficiaries other than the settlor have no right to receive notice, information or reports” from the trustee regarding trust administration to which such beneficiaries would otherwise be entitled under ORS…”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
— Or. Rev. Stat. § 130.710(5) — 2 cases
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025).
“The OUTC requires only that a trustee, in furnishing information to beneficia- ries of a trust under ORS 130.710, provide “at least annu- ally and upon termination of a trust,” a “trustee report” with information about the “trust property and liabilities, and must show the…”
— Or. Rev. Stat. § 130.710(9) — 2 cases
Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).
“Additionally, “while the settlor of a revocable trust is alive, beneficiaries other than the settlor have no right to receive notice, information or reports” from the trustee regarding trust administration to which such beneficiaries would otherwise be entitled under ORS…”
Lewis v. Worley, 507 P.3d 814 (Or. Ct. App. 2022).
“510(1) (while the settlor of a revocable trust is alive, beneficiaries other than the settlor “have no right to receive notice, infor- mation, or reports under this chapter”).”
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