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Oregon Revised Statutes

Or. Rev. Stat. § 130.800 (2026)

UTC 1001. Remedies for breach of trust

✓ current as of May 2026
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      130.800 UTC 1001. Remedies for breach of trust. (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. A breach of trust may occur by reason of an action or by reason of a failure to act.

      (2) To remedy a breach of trust that has occurred or to prevent a breach of trust, the court may:

      (a) Compel the trustee to perform the trustee’s duties;

      (b) Enjoin the trustee from committing a breach of trust;

      (c) Compel the trustee to pay money or restore property;

      (d) Order a trustee to account;

      (e) Appoint a special fiduciary to take possession of the trust property and administer the trust;

      (f) Suspend the trustee;

      (g) Remove the trustee as provided in ORS 130.625;

      (h) Reduce or deny compensation to the trustee;

      (i) Subject to ORS 130.855, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or

      (j) Order any other appropriate relief. [2005 c.348 §83]

Notes of Decisions
Cited in 7 cases (7 in the last 5 years), 2022–2025 · leading case: Lewis v. Worley, 507 P.3d 814 (Or. Ct. App. 2022).
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Lewis v. Worley, 507 P.3d 814 (Or. Ct. App. 2022). “625, peti- tioner was authorized, “even as a beneficiary of the trust, to petition for removal or for other relief as set forth in ORS 130.800.” The court therefore denied respondent’s summary judgment motion except with respect to the claim for a sur- charge against the…”
Carter v. Smith, 346 Or. App. 5 (Or. Ct. App. 2025). “Rather, it simply distributed the five parcels between the two beneficiaries and retained jurisdiction to enter a money judgment after an appraisal.”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025). · cites it 2× “ORS 130.800(1). In those circumstances, the court may order a variety of remedies, including “[c]ompel[ling] the trustee to perform the trustee’s duties,” “[o]rder[ing] a trustee to account,” “[s]uspend[ing] the trustee,” and any other appropriate relief.”
Hunt v. Goffman, 343 Or. App. 268 (Or. Ct. App. 2025). · cites it 2× “The statute was enacted as part of the Oregon Uniform Trust Code (OUTC) and is found in a section on remedies for breach of trust, and potential defenses to a breach of trust claim—includ- ing statute of limitations defenses.”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025). · cites it 2× “ORS 130.800(1). In those circumstances, the court may order a variety of remedies, including “[c]ompel[ling] the trustee to perform the trustee’s duties,” “[o]rder[ing] a trustee to account,” “[s]uspend[ing] the trustee,” and any other appropriate relief.”
Hunt v. Goffman, 343 Or. App. 268 (Or. Ct. App. 2025). · cites it 2× “The statute was enacted as part of the Oregon Uniform Trust Code (OUTC) and is found in a section on remedies for breach of trust, and potential defenses to a breach of trust claim—includ- ing statute of limitations defenses.”
Carter v. Smith, 346 Or. App. 5 (Or. Ct. App. 2025). “Rather, it simply distributed the five parcels between the two beneficiaries and retained jurisdiction to enter a money judgment after an appraisal.”
— Or. Rev. Stat. § 130.800(1) — 2 cases
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025). “ORS 130.800(1). In those circumstances, the court may order a variety of remedies, including “[c]ompel[ling] the trustee to perform the trustee’s duties,” “[o]rder[ing] a trustee to account,” “[s]uspend[ing] the trustee,” and any other appropriate relief.”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025). “ORS 130.800(1). In those circumstances, the court may order a variety of remedies, including “[c]ompel[ling] the trustee to perform the trustee’s duties,” “[o]rder[ing] a trustee to account,” “[s]uspend[ing] the trustee,” and any other appropriate relief.”
— Or. Rev. Stat. § 130.800(2)(a) — 2 cases
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025). “ORS 130.800(1). In those circumstances, the court may order a variety of remedies, including “[c]ompel[ling] the trustee to perform the trustee’s duties,” “[o]rder[ing] a trustee to account,” “[s]uspend[ing] the trustee,” and any other appropriate relief.”
Bieker v. Ludwick, 343 Or. App. 1 (Or. Ct. App. 2025). “ORS 130.800(1). In those circumstances, the court may order a variety of remedies, including “[c]ompel[ling] the trustee to perform the trustee’s duties,” “[o]rder[ing] a trustee to account,” “[s]uspend[ing] the trustee,” and any other appropriate relief.”
— Or. Rev. Stat. § 130.800(2)(j) — 2 cases
Carter v. Smith, 346 Or. App. 5 (Or. Ct. App. 2025). “Rather, it simply distributed the five parcels between the two beneficiaries and retained jurisdiction to enter a money judgment after an appraisal.”
Carter v. Smith, 346 Or. App. 5 (Or. Ct. App. 2025). “Rather, it simply distributed the five parcels between the two beneficiaries and retained jurisdiction to enter a money judgment after an appraisal.”
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