130.820 UTC
1005. Limitation of action against trustee. (1) Notwithstanding ORS chapter 12 or any other
provision of law, but subject to subsection (2) of this section, a civil action
against a trustee based on any act or omission of the trustee, whether based in
tort, contract or other theory of recovery, must be commenced within six years
after the date the act or omission is discovered, or six years after the date
the act or omission should have been discovered, whichever is earlier.
(2) A beneficiary
may not commence a proceeding against a trustee more than one year after the
date the beneficiary or a representative of the beneficiary is sent a report by
certified or regular mail that adequately discloses the existence of a potential
claim and that informs the beneficiary of the time allowed for commencing a
proceeding. A copy of this section must be attached to the report. The report
must provide sufficient information so that the beneficiary or representative
knows of the potential claim or should have inquired into its existence.
(3) If
subsections (1) and (2) of this section do not apply, a judicial proceeding
against a trustee must be commenced within 10 years from the date of the act or
omission complained of, or two years from the termination of any fiduciary
account established under the trust, whichever is later. [2005 c.348 §87]
Notes of Decisions
Cited in
3
cases (
3 in the last 5 years), 2021–2025 · leading case:
Diens v. Bonome, 499 P.3d 846 (Or. Ct. App. 2021).
Diens v. Bonome, 499 P.3d 846 (Or. Ct. App. 2021).
· cites it 2× “Enigmatically, they have attached as an appendix to their brief a copy of ORS 130.820—which imposes a six-year lim- itations period, subject to the discovery rule, for “a civil action against a trustee based on any act or omission of the trustee, whether based in tort, contract…”
Hunt v. Goffman, 343 Or. App. 268 (Or. Ct. App. 2025).
· cites it 14× “” Subsection (2), in turn, shortens the time period that a beneficiary can bring a claim in a specific circumstance—when the trustee sends “a report by certified or regular mail that adequately discloses the existence of a potential claim and that informs the beneficiary of the…”
Hunt v. Goffman, 343 Or. App. 268 (Or. Ct. App. 2025).
· cites it 14× “” Subsection (2), in turn, shortens the time period that a beneficiary can bring a claim in a specific circumstance—when the trustee sends “a report by certified or regular mail that adequately discloses the existence of a potential claim and that informs the beneficiary of the…”
— Or. Rev. Stat. § 130.820(1) — 3 cases
Diens v. Bonome, 499 P.3d 846 (Or. Ct. App. 2021).
“Enigmatically, they have attached as an appendix to their brief a copy of ORS 130.820—which imposes a six-year lim- itations period, subject to the discovery rule, for “a civil action against a trustee based on any act or omission of the trustee, whether based in tort, contract…”
Hunt v. Goffman, 343 Or. App. 268 (Or. Ct. App. 2025).
“” Subsection (2), in turn, shortens the time period that a beneficiary can bring a claim in a specific circumstance—when the trustee sends “a report by certified or regular mail that adequately discloses the existence of a potential claim and that informs the beneficiary of the…”
Hunt v. Goffman, 343 Or. App. 268 (Or. Ct. App. 2025).
“” Subsection (2), in turn, shortens the time period that a beneficiary can bring a claim in a specific circumstance—when the trustee sends “a report by certified or regular mail that adequately discloses the existence of a potential claim and that informs the beneficiary of the…”
— Or. Rev. Stat. § 130.820(2) — 2 cases
Hunt v. Goffman, 343 Or. App. 268 (Or. Ct. App. 2025).
“” Subsection (2), in turn, shortens the time period that a beneficiary can bring a claim in a specific circumstance—when the trustee sends “a report by certified or regular mail that adequately discloses the existence of a potential claim and that informs the beneficiary of the…”
Hunt v. Goffman, 343 Or. App. 268 (Or. Ct. App. 2025).
“” Subsection (2), in turn, shortens the time period that a beneficiary can bring a claim in a specific circumstance—when the trustee sends “a report by certified or regular mail that adequately discloses the existence of a potential claim and that informs the beneficiary of the…”
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