Oregon Revised Statutes

Or. Rev. Stat. § 130.840 (2026)

UTC 1009. Beneficiary’s consent, release or ratification

✓ current as of May 2026

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130.840 UTC 1009. Beneficiary’s consent, release or ratification. If a beneficiary consents to conduct of a trustee that constitutes a breach of trust, releases a trustee from liability for a breach of trust or ratifies a transaction entered into by a trustee that constitutes a breach of trust, the trustee is not liable to the beneficiary for the breach of trust unless:

(1) The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or

(2) At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary’s rights or know of the material facts relating to the breach. [2005 c.348 §91]

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015).

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Tseng v. Tseng, 352 P.3d 74 (Or. Ct. App. 2015). · cites it 3× “Oregon UTC & Comments, 42 Willamette L Rev at 392 (explaining that, as applied to a revocable trust, ORS 130.840, which authorizes a trust beneficiary to consent to or approve of conduct by the trustee that constitutes a breach of trust, means that “[a]n approval by the settlor…”

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