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Oregon Revised Statutes

Or. Rev. Stat. § 130.805 (2026)

UTC 1002. Damages for breach of trust

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      130.805 UTC 1002. Damages for breach of trust. (1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greatest of:

      (a) The amount of damages caused by the breach;

      (b) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or

      (c) The profit the trustee made by reason of the breach.

      (2) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. In determining the amount of contribution, the court shall consider the degree of fault of each trustee and whether any trustee or trustees acted in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. [2005 c.348 §84; 2017 c.17 §6]

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2025 · leading case: Hunt v. Goffman, 578 P.3d 1265 (Or. Ct. App. 2025).
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Hunt v. Goffman, 578 P.3d 1265 (Or. Ct. App. 2025). “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.”
Hunt v. Goffman, 578 P.3d 1265 (Or. Ct. App. 2025). “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.”
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