Oregon Revised Statutes

Or. Rev. Stat. § 130.910 (2026)

UTC 1106. Application

✓ current as of May 2026

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130.910 UTC 1106. Application. (1) Except as otherwise provided in ORS chapter 130:

(a) ORS chapter 130 applies to all trusts created before, on or after January 1, 2006.

(b) ORS chapter 130 does not apply to judicial, administrative and other proceedings concerning trusts commenced before January 1, 2006.

(c) Any rule of construction or presumption provided in ORS chapter 130 applies to trust instruments executed before January 1, 2006, unless there is a clear indication of a contrary intent in the terms of the trust.

(d) An act done before January 1, 2006, is not affected by ORS chapter 130.

(2) If a right is acquired, extinguished or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2006, that statute continues to apply to the right even if it has been repealed or superseded. [2005 c.348 §98]

Note: See note under 130.900.

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Notes of Decisions

Cited in 5 cases, 2006–2011 · leading case: In Re the Marriage of Githens, 204 P.3d 835 (Or. Ct. App. 2009).

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In Re the Marriage of Githens, 204 P.3d 835 (Or. Ct. App. 2009). · cites it 2× “" ORS 130.910. The trust in this case was created before January 1, 2006, but the judicial proceeding also commenced before that date.”

White v. Pub. Employees Ret. Bd., 268 P.3d 600 (Or. 2011). “ORS 130.910(l)(a), (b). 8 See also Strunk, 338 Or at 200 (PERS statutes “evince[ ] no support for the proposition that Tier One members contractually are entitled to any overage [above the assumed earnings rate] that is not applied to administrative expenses or reserves”)…”

Oregon v. Roman Catholic Archbishop (In Re Roman Catholic Archbishop), 345 B.R. 686 (Bankr. D. Or. 2006). · cites it 2× “Debtor says that this statute applies to this case, quoting ORS 130.910(a) as follows: "O.R.S. Chapter 130 applies to all trusts created before, on or after January 1, 2006.”

Generaux v. Dobyns, 134 P.3d 983 (Or. Ct. App. 2006). “See ORS 130.910(l)(b) (“ORS chapter 130 does not apply to judicial, administrative and other proceedings concerning trusts commenced before January 1,2006.”

Frakes v. Nay, 273 P.3d 137 (Or. Ct. App. 2011). · cites it 2× “” ORS 130.910(l)(a). However, the UTC does not apply to judicial proceedings commenced before January 1, 2006.”

— Or. Rev. Stat. § 130.910(a) — 1 case

Oregon v. Roman Catholic Archbishop (In Re Roman Catholic Archbishop), 345 B.R. 686 (Bankr. D. Or. 2006). “Debtor says that this statute applies to this case, quoting ORS 130.910(a) as follows: "O.R.S. Chapter 130 applies to all trusts created before, on or after January 1, 2006.”

— Or. Rev. Stat. § 130.910(l)(a) — 2 cases

White v. Pub. Employees Ret. Bd., 268 P.3d 600 (Or. 2011). “ORS 130.910(l)(a), (b). 8 See also Strunk, 338 Or at 200 (PERS statutes “evince[ ] no support for the proposition that Tier One members contractually are entitled to any overage [above the assumed earnings rate] that is not applied to administrative expenses or reserves”)…”

Frakes v. Nay, 273 P.3d 137 (Or. Ct. App. 2011). “” ORS 130.910(l)(a). However, the UTC does not apply to judicial proceedings commenced before January 1, 2006.”

— Or. Rev. Stat. § 130.910(l)(b) — 2 cases

Generaux v. Dobyns, 134 P.3d 983 (Or. Ct. App. 2006). “See ORS 130.910(l)(b) (“ORS chapter 130 does not apply to judicial, administrative and other proceedings concerning trusts commenced before January 1,2006.”

Frakes v. Nay, 273 P.3d 137 (Or. Ct. App. 2011). “” ORS 130.910(l)(a). However, the UTC does not apply to judicial proceedings commenced before January 1, 2006.”

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