reglab/housing_qa huggingface dataset:
OR Rev Stat § 130.155 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.155 - UTC 402. Requirements for creation.

(1) A trust is created only if all of the following requirements are met: (a) The settlor has capacity to create a trust. (b) The settlor indicates an intention to create the trust. (c) The trust has a definite beneficiary or is: (A) A charitable trust; (B) A trust for the care of an animal, as provided in ORS 130.185; (C) A trust for a noncharitable purpose, as provided in ORS 130.190; or (D) A stewardship trust, as provided in ORS 130.193. (d) The trustee has duties to perform. (e) The same person is not the sole trustee and sole beneficiary. (2) A beneficiary is definite for the purposes of subsection (1)(c) of this section if the beneficiary can be ascertained when the trust is created or at any time thereafter, subject to any applicable rule against perpetuities. (3) A power of a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. [2005 c.348 §22; 2019 c.162 §5]
OR Rev Stat § 130.160 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.160 - UTC 403. Trusts created in other states, countries or jurisdictions.

A trust not created by will is validly created if the creation of the trust complies with the law of the state, country or other jurisdiction in which the trust instrument was executed, or the law of the state, country or other jurisdiction in which, at the time of creation: (1) The settlor was domiciled, had a place of abode or was a national; (2) A trustee was domiciled or had a place of business; or (3) Any trust property was located. [2005 c.348 §23]
OR Rev Stat § 130.165 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.165 - UTC 404. Trust purposes.

A trust may be created only to the extent the purposes of the trust are lawful, not contrary to public policy and possible to achieve. A trust and its terms must be for the benefit of the trust’s beneficiaries. [2005 c.348 §24]
OR Rev Stat § 130.170 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.170 - UTC 405. Charitable trusts; enforcement.

(1) A charitable trust is a trust that: (a) Expressly designates one or more charitable organizations, or one or more classes of charitable organizations, to receive distributions as beneficiaries of the trust unless the combined interests of all charitable beneficiaries are negligible or all charitable beneficiaries are remote interest beneficiaries; or (b) Is created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes beneficial to the community, but that does not contain contingencies that make the charitable interest negligible. (2) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intention to the extent that intent can be ascertained. (3) The settlor of a charitable trust, in addition to other persons authorized by law or the trust instrument, may maintain a proceeding to enforce the trust. (4) A court may modify or terminate a charitable trust only if the Attorney General is a party to the proceedings. [2005 c.348 §25; 2009 c.275 §9; 2013 c.529 §3]
OR Rev Stat § 130.175 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.175 - UTC 406. Creation of trust induced by fraud, duress or undue influence.

A trust is void to the extent the creation of the trust was induced by fraud, duress or undue influence. [2005 c.348 §26]
OR Rev Stat § 130.180 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.180 - UTC 407. Evidence of oral trust.

Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument. The creation of an oral trust, and the terms of an oral trust, must be established by clear and convincing evidence. [2005 c.348 §27]
OR Rev Stat § 130.185 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.185 - UTC 408. Pet trust.

(1) A trust may be created to provide for the care of one or more animals that are alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal, upon the death of the last surviving animal. An oral or written declaration shall be liberally construed in favor of finding the creation of a trust under this section. There is a presumption against merely precatory or honorary disposition on behalf of an animal. (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if a person is not appointed in the terms of the trust, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. Reasonable compensation for a person appointed by the court may be paid from the assets of the trust. (3) Property of a trust authorized by this section may be applied only to its intended use. Upon termination of the trust, property of the trust must be distributed to those persons designated in the trust. In the absence of a designation, the property shall be distributed to the settlor if the settlor is living when the distribution is made, or to the settlor’s successors in interest if the settlor is not living when the distribution is made. (4) Except as ordered by a circuit court or required by the trust instrument, a trustee for a trust authorized under this section need not pay any fee or make any filing, report, registration, periodic accounting, separate maintenance of funds or appointment by reason of the existence of the fiduciary relationship of the trustee. A person appointed to enforce the trust may request a report under ORS 130.710 (3). [2005 c.348 §28]
OR Rev Stat § 130.190 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.190 - UTC 409. Noncharitable trust without ascertainable beneficiary.

Except as otherwise provided in ORS 130.185 or by another statute: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 90 years. (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if a person is not appointed in the terms of the trust, by a person appointed by the court. (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Trust property not required for the intended use must be distributed to those persons designated in the trust. In the absence of a designation, the property shall be distributed to the settlor if the settlor is living when the distribution is made, or to the settlor’s successors in interest if the settlor is not living when the distribution is made. [2005 c.348 §29]
OR Rev Stat § 130.195 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.195 - UTC 410. Modification or termination of trust; proceedings for approval or disapproval.

(1) In addition to the methods of termination prescribed by ORS 130.045, 130.200, 130.205, 130.210 and 130.215, a trust terminates: (a) To the extent the trust is revoked or expires pursuant to the terms of the trust; (b) If no purpose of the trust remains to be achieved; or (c) To the extent one or more of the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve. (2) A proceeding to approve or disapprove a proposed modification or termination under ORS 130.045, 130.200, 130.205, 130.210, 130.215, 130.220 and 130.225, or trust combination or division under ORS 130.230, may be commenced by a trustee or beneficiary. A proceeding to approve or disapprove a proposed modification or termination under ORS 130.200 may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under ORS 130.210. [2005 c.348 §30; 2009 c.275 §10; 2013 c.529 §4]
OR Rev Stat § 130.200 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.200 - UTC 411. Modification or termination of irrevocable trust by consent.

(1) An irrevocable trust may be modified or terminated with approval of the court upon consent of the settlor and all beneficiaries who are not remote interest beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. The Attorney General must consent to any modification or termination of a charitable trust. A settlor’s power to consent to a trust’s modification or termination may be exercised by: (a) An agent or attorney-in-fact under a power of attorney only to the extent expressly authorized by the terms of the trust or the power of attorney; (b) The settlor’s conservator with the approval of the court supervising the conservatorship if an agent or attorney-in-fact is not authorized by the terms of the trust or a power of attorney; or (c) The settlor’s guardian with the approval of the court supervising the guardianship if an agent or attorney-in-fact is not authorized by the terms of the trust or a power of attorney and a conservator has not been appointed. (2) An irrevocable trust may be terminated upon consent of all beneficiaries who are not remote interest beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. An irrevocable trust may be modified upon consent of all beneficiaries who are not remote interest beneficiaries if the court concludes that the modification is not inconsistent with a material purpose of the trust. The Attorney General must consent to any modification or termination of a charitable trust. (3) For the purposes of subsections (1) and (2) of this section, a spendthrift provision in the terms of the trust is rebuttably presumed to constitute a material purpose of the trust. (4) Upon termination of a trust under subsection (1) or (2) of this section, the trustee shall distribute the trust property as agreed to by the beneficiaries and, in the case of a charitable trust requiring the Attorney General’s consent, as agreed to by the Attorney General. (5) A proposed modification or termination of the trust under subsection (1) or (2) of this section may be approved by the court without the consent of all beneficiaries who are not remote interest beneficiaries if the court finds that: (a) If all beneficiaries who are not remote interest beneficiaries had consented, the trust could have been modified or terminated under this section; and (b) The interests of any beneficiary who does not consent will be adequately protected. (6) A binding nonjudicial settlement agreement relating to modification or termination of a trust may be entered into by all interested persons, as defined in ORS 130.045. [2005 c.348 §31; 2007 c.129 §21; 2009 c.275 §11; 2013 c.529 §5]
OR Rev Stat § 130.205 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.205 - UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively.

(1) The court may modify the administrative or dispositive terms of a trust or terminate the trust if modification or termination will further the purposes of the trust and the modification or termination is requested by reason of circumstances not anticipated by the settlor. To the extent practicable, the modification must be made in accordance with the settlor’s probable intention. (2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful, or would impair the trust’s administration. (3) A trustee may terminate a trust if: (a) Termination is appropriate by reason of circumstances not anticipated by the settlor; (b) Termination will not be inconsistent with the material purposes of the trust; (c) All qualified beneficiaries have consented to the termination; (d) The trustee is not a beneficiary of the trust and has no duty of support for any beneficiary of the trust; and (e) In the case of a charitable trust, the Attorney General has consented to the termination. (4) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. [2005 c.348 §32; 2007 c.515 §1; 2009 c.275 §12]
OR Rev Stat § 130.210 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.210 - UTC 413. Cy pres.

(1) Except as otherwise provided in subsection (2) of this section, if a particular charitable purpose of a trust becomes unlawful, impracticable, impossible to achieve or wasteful: (a) The trust does not fail, in whole or in part; (b) The trust property does not revert to the settlor or the settlor’s successors in interest; and (c) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes. (2) If a provision in the terms of a charitable trust would result in distribution of the trust property to a noncharitable beneficiary, a court may not apply cy pres to modify or terminate the trust under subsection (1)(c) of this section if, when the provision takes effect: (a) The trust property is to revert to the settlor and the settlor is still living; or (b) Fewer than 50 years have elapsed since the date of the trust’s creation. [2005 c.348 §33; 2009 c.275 §13]
OR Rev Stat § 130.215 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.215 - UTC 414. Modification or termination of uneconomic trust.

(1) After notice to the qualified beneficiaries, a trustee may terminate a trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. A trustee may not terminate a trust under this section if the trustee is a qualified beneficiary of the trust or has a duty of support for a qualified beneficiary of the trust. (2) The court may modify or terminate a trust, or remove the trustee and appoint a different trustee, if the court finds that the value of the trust property is insufficient to justify the cost of administration. (3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. (4) This section does not apply to an easement for conservation or preservation. [2005 c.348 §34; 2013 c.529 §6]
OR Rev Stat § 130.220 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.220 - UTC 415. Reformation to correct mistakes.

The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intention if the person requesting reformation proves by clear and convincing evidence that both the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. [2005 c.348 §35]
OR Rev Stat § 130.225 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.225 - UTC 416. Modification to achieve settlor’s tax objectives.

The court may modify the terms of a trust to achieve the settlor’s tax objectives if the modification is not contrary to the settlor’s probable intention. The court may provide that the modification has retroactive effect. [2005 c.348 §36]
OR Rev Stat § 130.230 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.230 - UTC 417.

(1) Subject to subsection (2) of this section, a trustee may: (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] Note: Section 5, chapter 126, Oregon Laws 2015, provides: Sec. 5. 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]
OR Rev Stat § 130.232 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.232 - Division of trust into separate shares or portions; legal effect.

(1) If the occurrence of an event, satisfaction of a condition or exercise of a power allows or creates an obligation for the trustee to divide a trust or any portion of a trust into separate shares or portions for the benefit of separate beneficiaries: (a) A separate share of a trust comes into existence at the earliest possible time that a trustee may reasonably determine, based upon the facts, that a separate economic interest exists for a beneficiary; (b) Each income beneficiary’s share resulting from the division of the trust will be deemed to have the beneficiary’s share of income based upon the beneficiary’s share of the distributable net income for the trust’s tax year relative to that of the other beneficiaries; (c) All of the terms of the trust instrument will be applied independently to each beneficiary’s share created pursuant to this section except as terms are specifically limited in the trust instrument; and (d) The trust or portion of the trust from which a beneficiary’s share originates will be deemed to terminate to the extent of the beneficiary’s share, subject only to the proper administration of the terminated trust occasioned by the terminating event, condition or exercise. (2) The provisions of this section are not elective and must be read so as to be consistent with section 663(c) of the Internal Revenue Code, as in effect on December 31, 2013. Application of this section shall apply for all tax years that the trust is in existence unless an event occurs, the result of which is that the terms of the trust prevail, in which case the requirements of appropriate trust administration may require and result in a different treatment than would otherwise result in accordance with the provisions of this section. [2013 c.529 §24; 2015 c.126 §1] Note: See note under 130.230.
OR Rev Stat § 130.235 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 130 - Uniform Trust Code|Section 130.235 - In terrorem clause.

(1) Except as provided in this section, an in terrorem clause in a trust is valid and enforceable. If a beneficiary challenges a trust that contains an in terrorem clause that applies to the beneficiary, the court shall enforce the clause against the beneficiary even though the beneficiary establishes that there was probable cause for the challenge. (2) The court shall not enforce an in terrorem clause if the beneficiary challenging the trust establishes that the beneficiary has probable cause to believe that the trust is a forgery or that the trust has been revoked. (3) The court shall not enforce an in terrorem clause if the challenge is brought by a fiduciary acting on behalf of a protected person under the provisions of ORS chapter 125, a guardian ad litem appointed for a minor or a guardian ad litem appointed for an incapacitated or financially incapable person. (4) For the purposes of this section, "in terrorem clause" means a provision in a trust that reduces or eliminates the interest of a beneficiary under the trust if the beneficiary challenges the validity of part or all of the trust. [2005 c.348 §38]