ORS 130.010¹
UTC 103. Definitions

For the purposes of this chapter:

(1) “Ascertainable standard” means an ascertainable standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, as in effect on January 1, 2006.

(2) “Beneficiary” means a person that:

(a) Has a present or future beneficial interest in a trust, whether vested or contingent; or

(b) Holds a power of appointment over trust property in a capacity other than that of trustee.

(3) “Charitable trust” means a trust, or portion of a trust, described in ORS 130.170 (UTC 405. Charitable trusts) (1).

(4) “Conservator” means a person appointed by a court to administer the estate of a minor or adult individual.

(5) “Environmental law” means a federal, state or local law, rule, regulation or ordinance relating to protection of the environment.

(6) “Financial institution” has the meaning given that term in ORS 706.008 (Additional definitions for Bank Act).

(7) “Financially incapable” has the meaning given that term in ORS 125.005 (Definitions). “Financially capable” means not financially incapable.

(8) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health and welfare of a minor or adult individual. “Guardian” does not include a guardian ad litem.

(9) “Interests of the beneficiaries” means the beneficial interests provided in the terms of a trust.

(10) “Permissible distributee” means a beneficiary who is currently eligible to receive distributions of trust income or principal, whether the distribution is mandatory or discretionary.

(11) “Person” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, public body as defined in ORS 174.109 (“Public body” defined) or any other legal or commercial entity.

(12) “Power of withdrawal” means a presently exercisable general power of appointment, other than a power exercisable by a trustee that is limited by an ascertainable standard or that is exercisable by another person only upon consent of the trustee or a person holding an adverse interest.

(13) “Property” means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein.

(14) “Qualified beneficiary” means a beneficiary who:

(a) Is a permissible distributee on the date the beneficiary’s qualification is determined;

(b) Would be a permissible distributee if the interests of all permissible distributees described in paragraph (a) of this subsection terminated on the date the beneficiary’s qualification is determined; or

(c) Would be a permissible distributee if the trust terminated on the date the beneficiary’s qualification is determined.

(15) “Remote interest beneficiary” means a beneficiary of a trust whose beneficial interest in the trust, at the time the determination of interest is made, is contingent upon the successive terminations of both the interest of a qualified beneficiary and the interest of a secondary beneficiary whose interests precede the interest of the remote interest beneficiary.

(16) “Revocable trust” means a trust that can be revoked by the settlor without the consent of the trustee or a person holding an adverse interest.

(17) “Secondary beneficiary” means a beneficiary, other than a qualified beneficiary, whose beneficial interest in the trust, at the time the determination of interest is made, is contingent solely upon the termination of all qualified beneficiary interests that precede the interest of the secondary beneficiary.

(18) “Settlor” means a person, including a testator, who creates a trust or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution and of the portion as to which that person has the power to revoke or withdraw.

(19) “Spendthrift provision” means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary’s interest.

(20) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. “State” includes an Indian tribe or band recognized by federal law or formally acknowledged by a state.

(21) “Terms of a trust” means the manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.

(22) “Trust instrument” means an instrument executed by a settlor that contains terms of the trust, including any amendments to the instrument.

(23) “Trustee” means an original trustee, an additional trustee, a successor trustee or a cotrustee. [2005 c.348 §3; 2009 c.275 §1; 2009 c.294 §16; 2013 c.529 §1]

Law Review Cita­tions

42 WLR 187 (2006)

Chapter 130

Law Review Cita­tions

42 WLR 187 (2006)

1 Legislative Counsel Committee, CHAPTER 130—Uniform Trust Code Uniform Trust Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors130.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 130, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano130.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information