Oregon Statutes 130.230 – UTC 417. Combination and division of trusts
(1) Subject to subsection (2) of this section, a trustee may:
Terms Used In Oregon Statutes 130.230
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
- Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
(a) Combine two or more trusts into a single trust by taking into account the pro rata economic interests of each beneficiary of each trust; or
(b) Divide a trust into two or more separate trusts.
(2) In taking any of the actions under subsection (1) of this section, the trustee shall:
(a) Provide notice to all qualified beneficiaries in accordance with ORS § 130.733;
(b) Consider the individual rights of each beneficiary;
(c) Exercise due care and prudent judgment;
(d) Consider the terms of the trust instrument and amendments, if any, as well as all applicable statutory law; and
(e) Take the action only if the result does not materially impair the rights of any beneficiary or adversely affect achievement of the intent of the trustor. [2005 c.348 § 37; 2015 c.126 § 2]
Section 5, chapter 126, Oregon Laws 2015, provides:
The amendments to ORS § 130.230, 130.232, 130.715 and 130.730 by sections 1 to 4, chapter 126, Oregon Laws 2015, apply only to trusts executed on or after January 1, 2016, and to trust proceedings commenced on or after the effective date of this 2017 Act [May 15, 2017], regardless of when the trust at issue was executed. [2015 c.126 § 5; 2017 c.54 § 1]