ORS 130.710
UTC 813. Duty to inform and report


(1)

A trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for those beneficiaries to protect their interests. If reasonable under the circumstances, a trustee may respond to a request for information related to the administration of the trust from a beneficiary who is not a qualified beneficiary.

(2)

Intentionally left blank —Ed.

(a)

Upon request of a qualified beneficiary, a trustee shall promptly furnish to the qualified beneficiary a copy of the trust instrument.

(b)

Within a reasonable time after accepting a trusteeship, a trustee shall notify all qualified beneficiaries of the acceptance and of the trustee’s name, address and telephone number.

(c)

Except as provided in subsection (10) of this section, within a reasonable time after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, the trustee shall notify the qualified beneficiaries of the trust’s existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument and of the right to a trustee’s report as provided in subsection (3) of this section.

(d)

A trustee shall notify the qualified beneficiaries in advance of any change in the method or rate of the trustee’s compensation.

(3)

Intentionally left blank —Ed.

(a)

Except as provided in subsection (10) of this section, a trustee shall send a trustee report, at least annually and upon termination of the trust, to the permissible distributees of trust income or principal and to other qualified beneficiaries who request the report. The report must include a listing of trust property and liabilities, and must show the market values of trust assets, if feasible. The report must reflect all receipts and disbursements of the trust, including the source and amount of the trustee’s compensation.

(b)

Upon a vacancy in a trusteeship, unless a cotrustee remains in office, and if required by the successor trustee or the court, the former trustee shall send a trustee report for the period from the prior report, if any, through the time of vacancy to the qualified beneficiaries of the trust.

(c)

A personal representative, conservator or guardian may send the qualified beneficiaries a trustee report on behalf of a deceased or financially incapable trustee.

(4)

A qualified beneficiary may waive the right to a trustee report or other information otherwise required to be furnished under this section. A qualified beneficiary may withdraw a waiver at any time for the purpose of future reports and other information.

(5)

A trustee may charge a reasonable fee to a beneficiary for providing information under this section.

(6)

A beneficiary’s request for any information under this section must be with respect to a single trust that is sufficiently identified to enable the trustee to locate the trust’s records.

(7)

If the trustee is bound by any confidentiality restrictions regarding a trust asset, any beneficiary eligible under this section to receive information about that asset must agree to be bound by the same confidentiality restrictions before receiving the information.

(8)

Despite any other provision of this section, information, notice and reports required by this section shall be given only to the settlor’s spouse if:

(a)

The spouse survives the settlor;

(b)

The spouse is financially capable;

(c)

The spouse is the only permissible distributee of the trust; and

(d)

All of the other qualified beneficiaries of the trust are descendants of the spouse.

(9)

Notwithstanding any other provision of this section, while the settlor of a revocable trust is alive, beneficiaries other than the settlor have no right to receive notice, information or reports under this section.

(10)

A trustee need not provide a qualified beneficiary with the notice of the right to a trustee’s report under subsection (2)(c) of this section, and need not send trustee reports to the beneficiary under subsection (3) of this section, until six months after a revocable trust becomes irrevocable if the beneficiary’s only interest in the trust is a distribution of a specific item of property or distribution of a specific amount of money. The trustee must provide the notice of the right to a trustee’s report required by subsection (2)(c) of this section at the end of the six-month period if the beneficiary has not received distribution of the specific item of property or specific amount of money before the end of the period. If notice is provided to a qualified beneficiary under this subsection, the trustee must thereafter send trustee reports to the beneficiary until distribution of the specific item of property or specific amount of money. [2005 c.348 §71; 2009 c.275 §18; 2013 c.529 §19]
Note: Section 72, chapter 348, Oregon Laws 2005, provides:
Sec. 72. (1) Section 71 (2)(b) of this 2005 Act [130.710 (UTC 813. Duty to inform and report) (2)(b)] applies only to a trustee who accepts a trusteeship on or after the effective date of this 2005 Act [January 1, 2006].

(2)

Section 71 (2)(c) of this 2005 Act [130.710 (UTC 813. Duty to inform and report) (2)(c)] applies only to irrevocable trusts created on or after the effective date of this 2005 Act and to revocable trusts that become irrevocable on or after the effective date of this 2005 Act. [2005 c.348 §72]
Note: Section 19, chapter 275, Oregon Laws 2009, provides:
Sec. 19. The amendments to ORS 130.710 (UTC 813. Duty to inform and report) by section 18 of this 2009 Act apply only to revocable trusts that become irrevocable on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.275 §19]

Source: Section 130.710 — UTC 813. Duty to inform and report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html.

Notes of Decisions

Petitioners, qualified beneficiaries of revocable trust, are entitled to obtain from trustees any information of material facts necessary to enable petitioners to protect beneficial interest under terms of trust even where material facts regard actions taken before death of settlor and before qualified beneficiaries’ right to material facts is enforceable. Tseng v. Tseng, 271 Or App 657, 352 P3d 74 (2015), Sup Ct review denied

Law Review Citations

42 WLR 187 (2006)

130.001
UTC 101. Short title
130.005
UTC 102. Scope
130.010
UTC 103. Definitions
130.015
UTC 104. Knowledge
130.020
UTC 105. Default and mandatory rules
130.022
UTC 108. Principal place of administration
130.025
UTC 106. Common law of trusts
130.030
UTC 107. Governing law
130.035
UTC 109. Methods of giving notice
130.040
UTC 110. Other persons treated as qualified beneficiaries
130.045
UTC 111. Nonjudicial settlement agreements
130.050
UTC 201. Role of court in administration of trust
130.055
UTC 202. Jurisdiction over trustee and beneficiary
130.060
UTC 203. Subject-matter jurisdiction
130.065
UTC 204. Venue
130.100
UTC 301. Representation
130.105
UTC 302. Representation by holder of testamentary power of appointment
130.110
UTC 303. Representation by fiduciaries and parents
130.115
UTC 304. Representation by person having substantially identical interest
130.120
UTC 305. Appointment of special representative
130.150
UTC 401. Methods of creating trust
130.155
UTC 402. Requirements for creation
130.160
UTC 403. Trusts created in other states, countries or jurisdictions
130.165
UTC 404. Trust purposes
130.170
UTC 405. Charitable trusts
130.175
UTC 406. Creation of trust induced by fraud, duress or undue influence
130.180
UTC 407. Evidence of oral trust
130.185
UTC 408. Pet trust
130.190
UTC 409. Noncharitable trust without ascertainable beneficiary
130.193
Stewardship trust
130.195
UTC 410. Modification or termination of trust
130.200
UTC 411. Modification or termination of irrevocable trust by consent
130.205
UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively
130.210
UTC 413. Cy pres
130.215
UTC 414. Modification or termination of uneconomic trust
130.220
UTC 415. Reformation to correct mistakes
130.225
UTC 416. Modification to achieve settlor’s tax objectives
130.230
UTC 417
130.232
Division of trust into separate shares or portions
130.235
In terrorem clause
130.237
Abatement due to insufficiency of trust property
130.240
Marital deduction gifts
130.300
UTC 501. Rights of beneficiary’s creditor or assignee
130.305
UTC 502. Spendthrift provision
130.310
UTC 503. Exceptions to spendthrift provisions
130.315
UTC 505. Creditor’s claim against settlor
130.320
UTC 506. Overdue distribution
130.325
UTC 507. Personal obligations of trustee
130.350
Statute of limitations
130.355
Commencement of proceeding
130.360
Limitation on presentation of claims when notice to claimants given
130.365
Publication of notice
130.370
Notice to individual claimants
130.375
Form of claim
130.380
Claim based on debt due or judgment
130.385
Claim on debts not yet due
130.390
Claim on secured debt that is due
130.395
Claim on contingent or unliquidated debt
130.400
Allowance and disallowance of claims
130.405
Creditor may obtain order for payment
130.410
Evidence required to allow court approval of claim disallowed by trustee
130.415
Waiver of statute of limitations
130.420
Tolling of statute of limitations on claim
130.425
Priority of claims
130.430
Applicability of time limitations to public bodies
130.435
Applicability of time limitations to certain claims based on liens against property and liability of settlor or trustee
130.440
Petition to close case
130.445
Dismissal for want of prosecution
130.450
Consolidation of proceedings
130.500
UTC 601. Revocable trusts generally
130.505
UTC 602. Revocation or amendment of revocable trust
130.510
UTC 603. Settlor’s powers
130.515
UTC 604. Limitation on action contesting validity of revocable trust
130.518
Creditor protections retained upon conveyance of property held as tenants by the entirety to revocable trust
130.520
“Specific distribution” defined for ORS 130.520 to 130.575
130.525
Applicability of ORS 130.530, 130.535 and 130.540 to 130.575
130.530
Effect of marriage
130.535
Revocation by divorce or annulment
130.540
Contract of sale of property not revocation
130.545
Encumbrance or disposition of property after trust instrument executed
130.550
When trust assets pass to descendants of beneficiary
130.555
Children of settlors
130.560
Failure of specific distribution
130.565
Effect of failure of specific distribution
130.570
Advancement against share of trust
130.575
Effect of advancement on distribution
130.600
UTC 701. Acceptance or rejection of trusteeship
130.605
UTC 702. Trustee’s bond
130.610
UTC 703. Cotrustees
130.615
UTC 704. Vacancy in trusteeship
130.620
UTC 705. Resignation of trustee
130.625
UTC 706. Removal of trustee
130.630
UTC 707. Delivery of property by former trustee
130.635
UTC 708. Compensation of trustee
130.640
UTC 709. Reimbursement of expenses
130.650
UTC 801. Duty to administer trust
130.655
UTC 802. Duty of loyalty
130.660
UTC 803. Impartiality
130.665
UTC 804. Prudent administration
130.670
UTC 805. Costs of administration
130.675
UTC 806. Trustee’s skills
130.680
UTC 807. Delegation by trustee
130.685
UTC 808. Powers to direct
130.690
UTC 809. Control and protection of trust property
130.695
UTC 810. Recordkeeping and identification of trust property
130.700
UTC 811. Enforcement and defense of claims
130.705
UTC 812. Collecting trust property
130.710
UTC 813. Duty to inform and report
130.715
UTC 814. Discretionary powers
130.720
UTC 815. General powers of trustee
130.725
UTC 816. Specific powers of trustee
130.730
UTC 817. When interest of beneficiary vests
130.733
Notice of proposed trustee action to beneficiaries
130.735
Appointment of adviser
130.750
Trustee’s duty to comply with prudent investor rule
130.755
Prudent investor rule
130.760
Diversification of trust investments
130.765
Trustee duty
130.770
Determination of compliance with prudent investor rule
130.775
Trust language authorizing investments permitted under prudent investor rule
130.800
UTC 1001. Remedies for breach of trust
130.805
UTC 1002. Damages for breach of trust
130.810
UTC 1003. Damages in absence of breach
130.815
UTC 1004. Attorney fees and costs
130.820
UTC 1005. Limitation of action against trustee
130.825
UTC 1006. Reliance on trust instrument
130.830
UTC 1007. Event affecting administration or distribution
130.835
UTC 1008. Exculpation of trustee
130.840
UTC 1009. Beneficiary’s consent, release or ratification
130.845
UTC 1010. Limitation on personal liability of trustee
130.850
UTC 1011. Interest as general partner
130.855
UTC 1012. Protection of person dealing with trustee
130.860
UTC 1013. Certification of trust
130.900
Uniformity of application and construction
130.905
UTC 1102. Electronic records and signatures
130.910
UTC 1106. Application
Green check means up to date. Up to date