ORS 130.045
UTC 111. Nonjudicial settlement agreements


(1)

For purposes of this section, “interested persons” means:

(a)

Any settlor of a trust who is living;

(b)

All qualified beneficiaries;

(c)

Any acting trustee of the trust;

(d)

The Attorney General if the trust is a charitable trust; and

(e)

All members of a trust stewardship committee acting pursuant to ORS 130.193 (Stewardship trust).

(2)

If the trust or a portion of the trust is a charitable trust and is irrevocable, and the settlor retains a power to change the beneficiaries of the charitable trust during the settlor’s lifetime or upon the settlor’s death, the Attorney General shall be substituted as the sole interested person to represent all charitable trust beneficiaries whose beneficial interests are subject to the settlor’s retained power.

(3)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in subsection (4) of this section, interested persons may enter into a nonjudicial settlement agreement with respect to any matter involving a trust.

(b)

If the agreement is not filed with the court under subsection (6) of this section, the agreement is binding on all parties to the agreement.

(c)

If the agreement is filed with the court, the agreement is binding as provided in subsections (6) and (7) of this section unless, after the filing of objections and a hearing, the court does not approve the agreement. If the court does not approve the agreement, the agreement is not binding on any beneficiary or party to the agreement.

(4)

A nonjudicial settlement agreement is valid only to the extent the agreement does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.

(5)

Matters that may be resolved by a nonjudicial settlement agreement include:

(a)

The interpretation or construction of the terms of the trust or other writings that affect the trust.

(b)

The approval of a trustee’s report or accounting.

(c)

Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.

(d)

The resignation or appointment of a trustee or cotrustee and the determination of a trustee’s compensation.

(e)

Transfer of a trust’s principal place of administration.

(f)

Liability of a trustee for an action or failure to act relating to the trust.

(g)

Determining classes of creditors, beneficiaries, heirs, next of kin or other persons.

(h)

Resolving disputes arising out of the administration or distribution of the trust.

(i)

Modifying the terms of the trust, including extending or reducing the period during which the trust operates.

(6)

Intentionally left blank —Ed.

(a)

Any interested person may file a settlement agreement entered into under this section, or a memorandum summarizing the provisions of the agreement, with the circuit court for any county where trust assets are located or where the trustee administers the trust.

(b)

After collecting the fee provided for in subsection (8) of this section, the clerk shall enter the agreement or memorandum of record in the court’s register.

(c)

Within five days after the filing of an agreement or memorandum under this subsection, the person making the filing must serve a notice of the filing and a copy of the agreement or memorandum on each beneficiary of the trust whose address is known at the time of the filing and who is not a party to the agreement. Service may be made personally, or by registered or certified mail, return receipt requested. The notice of filing shall be substantially in the following form:

OR MEMORANDUM OF
SETTLEMENT AGREEMENT
You are hereby notified that the attached document was filed by the undersigned in the above entitled court on the _____ day of
______, ___. Unless you file objections to the agreement within 60 days after that date, the agreement will be approved and will be binding on all beneficiaries and parties to the agreement.
If you file objections within the 60-day period, the court will fix a time and place for a hearing. At least 10 days before the date of that hearing, you must serve a copy of your objections and give notice of the time and place of the hearing to all beneficiaries and parties to the agreement. See ORS 130.045 (UTC 111. Nonjudicial settlement agreements).
_____________________
Signature

(d)

Proof of mailing of the notices required under this subsection must be filed with the court. Proof of service may be made by a certificate of service in the form provided by ORCP 7 F, by a signed acceptance of service or by a return receipt from the postal authorities.

(e)

If no objections are filed with the court within 60 days after the filing of the agreement or memorandum, the agreement is effective and binding on all beneficiaries who received notice under paragraph (c) of this subsection and all beneficiaries who waived notice under subsection (7)(e) of this section.

(7)

Intentionally left blank —Ed.

(a)

If objections are filed with the court within 60 days after the filing of a settlement agreement or memorandum under this section, the clerk of the court shall collect the fee provided in subsection (8) of this section. Upon the filing of objections, the court shall fix a time and place for a hearing. The person filing the objections must serve a copy of the objections on all beneficiaries who are parties to the agreement and all beneficiaries who received notice under subsection (6)(c) of this section, and give notice to those persons of the time and place fixed by the court for a hearing. Service must be made at least 10 days before the date set by the court for the hearing. Service of the objections may be made personally or by registered or certified mail, return receipt requested.

(b)

Proof of mailing of objections must be filed with the court. Proof of service may be made by a certificate of service in the form provided by ORCP 7 F, by a signed acceptance of service or by a return receipt from the postal authorities.

(c)

The court shall approve an agreement entered into under this section after a hearing upon objections filed under this subsection unless:

(A)

The agreement does not reflect the signatures of all persons required by this section;

(B)

The agreement is not authorized by this section; or

(C)

Approval of the agreement would not be equitable to beneficiaries who are not interested persons and who are not parties to the agreement.

(d)

An agreement approved by the court after a hearing is binding on all beneficiaries and parties to the agreement.

(e)

Beneficiaries entitled to notice under subsection (6)(c) of this section may waive the notice.

(8)

The clerk of the circuit court shall collect in advance the filing fees established under ORS 21.135 (Standard filing fee) for the filing of an agreement or memorandum of agreement under subsection (6) of this section and for the filing of objections under subsection (7) of this section. [2005 c.348 §11; 2009 c.275 §6; 2011 c.595 §30; 2013 c.529 §2; 2019 c.162 §4]

Source: Section 130.045 — UTC 111. Nonjudicial settlement agreements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html.

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