reglab/housing_qa huggingface dataset:
OR Rev Stat § 112.135 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.135 - When gift is an advancement; valuation of advancement.

(1)(a) If a person dies intestate as to all or part of the estate of the person, property that the person gives during the lifetime of the person to an heir is treated as an advancement against the heir’s share of the estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement. (b) For purposes of applying the gift against the heir’s share of the intestate estate, the property advanced must be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first, unless otherwise directed in the decedent’s writing. (2)(a) Except as provided in ORS 112.385, property that a testator gives during the testator’s lifetime to a devisee is treated as an advancement of the devisee’s share in whole or in part if: (A) The will provides for deduction of the gift; (B) The testator declared in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or (C) The devisee acknowledges in writing, before or after the testator’s death, that the gift was made in satisfaction of the devise or that its value was to be deducted from the value of the devise. (b) For purposes of applying the gift against the devisee’s share of the testate estate, the property advanced must be valued as of the time the devisee came into possession or enjoyment of the property or as of the time of the testator’s death, whichever occurs first, unless otherwise directed in the testator’s will or a writing described in paragraph (a)(B) of this subsection. (3)(a) Property not subject to probate administration, the transfer of which is intended by the decedent to take effect on death, is treated as an advancement against the heir’s share of the estate or the devisee’s devise under the will if declared in writing by the decedent, or acknowledged in writing by the heir or devisee, to be an advancement. Examples of transfers under this subsection include but are not limited to beneficiary designation, right of survivorship and transfer on death deed or transfer on death designation. (b) The property transferred under this subsection must be valued as of the time of the decedent’s death, unless otherwise directed in the testator’s will or in a writing by the decedent. [1969 c.591 §30; 2016 c.42 §8]
OR Rev Stat § 112.145 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.145 - Effect of advancement on distribution.

(1) If the value of an advancement exceeds the heir’s or devisee’s share of the estate, the heir or devisee shall be excluded from any further share of the estate, but the heir or devisee shall not be required to refund any part of the advancement. If the value of an advancement is less than the heir’s or devisee’s share, the heir or devisee shall be entitled upon distribution of the estate to such additional amount as will give the heir or devisee the heir’s or devisee’s share of the estate. (2) The property advanced is not a part of the estate, but for the purpose of determining the shares of the heirs or devisees the advancement shall be added to the value of the estate, the sum then divided among the heirs or devisees according to the laws of intestate succession or the testator’s will and the advancement then deducted from the share of the heir or devisee to whom the advancement was made. [1969 c.591 §31; 2016 c.42 §9]
OR Rev Stat § 112.155 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.155 - Death of advancee before decedent.

If the recipient of the property advanced fails to survive the decedent, the amount of the advancement shall be taken into account in computing the share of the descendants of the recipient, whether or not the descendants take by representation. [1969 c.591 §32; 2016 c.42 §10]
OR Rev Stat § 112.175 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.175 - Adopted persons.

(1) An adopted person, the descendants and kindred of the adopted person shall take by intestate succession from the adoptive parents, their descendants and kindred, and the adoptive parents, their descendants and kindred shall take by intestate succession from the adopted person, the descendants and kindred of the adopted person, as though the adopted person were the biological child of the adoptive parents. (2) An adopted person shall cease to be treated as the child of any person other than the adopted person’s adoptive parents for all purposes of intestate succession except in the following circumstances: (a) If a person is adopted by a stepparent or a domestic partner of a parent in a domestic partnership registered under ORS 106.300 to 106.340 or under a similar law in another state, the adopted person shall continue also to be treated, for all purposes of intestate succession, as the child of the parent who is the spouse of, or other domestic partner in the domestic partnership with, the adoptive parent. (b) If a parent of a person dies, and the other parent of the person marries or enters into a domestic partnership registered under ORS 106.300 to 106.340 or under a similar law in another state, and the person is adopted by a stepparent or the other domestic partner, the adopted person shall continue also to be treated, for all purposes of intestate succession, as the child of the deceased parent. (3) ORS chapters 111, 112, 113, 114, 115, 116 and 117 apply to adopted persons who were adopted in this state or elsewhere. [1969 c.591 §33; 2015 c.387 §8; 2016 c.42 §11]
OR Rev Stat § 112.185 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.185 - Effect of more than one adoption.

For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous adoptive parents. The person shall continue also to be treated as the child of a previous parent or previous adoptive parent other than the most recent adoptive parents only to the extent provided in ORS 112.175 (2), and for the purpose of applying that subsection with reference to a previous adoptive parent, "parent" in that subsection means the previous adoptive parent. [1969 c.591 §34; 2015 c.387 §9]
OR Rev Stat § 112.195 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.195 - References in wills, deeds and other instruments to accord with law of intestate succession.

Unless a contrary intent is established by the instrument, all references in a will, deed, trust instrument or other instrument to an individual or member of a class described generically in relation to a particular person as children, issue, grandchildren, descendants, heirs, heirs of the body, next of kin, distributees, grandparents, brothers, nephews or other relatives shall include any person who would be treated as so related for all purposes of intestate succession, except that an adopted person so included must have been adopted as a minor or after having been a member of the household of the adoptive parent while a minor. [1969 c.591 §35]
OR Rev Stat § 112.225 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.225 - Who may make a will.

Any person who is 18 years of age or older or who has been lawfully married or who has been emancipated in accordance with ORS 419B.550 to 419B.558, and who is of sound mind, may make a will. [1969 c.591 §36; 2015 c.387 §10]
OR Rev Stat § 112.227 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.227 - Intention of testator expressed in will as controlling.

The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will. [1973 c.506 §10]
OR Rev Stat § 112.230 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.230 - Local law of state selected by testator controlling unless against public policy.

The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. [1973 c.506 §11]
OR Rev Stat § 112.235 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.235 - Execution of a will.

(1) Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities: (a) The testator, in the presence of each of the witnesses, shall: (A) Sign the will; (B) Direct one of the witnesses or some other person to sign the name of the testator and the signer’s own name on the will; or (C) Acknowledge the signature previously made on the will by the testator or at the testator’s direction. (b) At least two witnesses shall each: (A)(i) See the testator sign the will; (ii) Hear the testator acknowledge the signature on the will; or (iii) Hear or observe the testator direct some other person to sign the name of the testator; and (B) Attest the will by signing the witness’ name to the will within a reasonable time before the testator’s death. (2) The signature by a witness on an affidavit executed contemporaneously with execution of a will is considered a signature by the witness on the will in compliance with subsection (1)(b)(A)(iii) of this section if necessary to prove the will was duly executed in compliance with this section. (3) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section. (4) As used in this section, "writing" does not include an electronic record, document or image. [1969 c.591 §37; 1973 c.506 §7; 1981 c.481 §4; 2015 c.387 §11]
OR Rev Stat § 112.238 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.238 - Exception to will execution formalities; petition; notice; written objections; hearing; fee.

(1) Although a writing was not executed in compliance with ORS 112.235, the writing may be treated as if it had been executed in compliance with ORS 112.235 if the proponent of the writing establishes by clear and convincing evidence that the decedent intended the writing to constitute: (a) The decedent’s will; (b) A partial or complete revocation of the decedent’s will; or (c) An addition to or an alteration of the decedent’s will. (2) A writing described in subsection (1) of this section may be filed with the court for administration as the decedent’s will pursuant to ORS 113.035. The proponent of the writing shall give notice of the filing of the petition under ORS 113.035 to those persons identified in ORS 113.035 (5), (7), (8) and (9). Persons receiving notice under this subsection shall have 20 days after the notice was given to file written objections to the petition. The court may make a determination regarding the decedent’s intent after a hearing or on the basis of affidavits. (3) The proponent of a writing described in subsection (1) of this section may file a petition with the court to establish the decedent’s intent that the writing was to be a partial or complete revocation of the decedent’s will or an addition to or an alteration of the decedent’s will. The proponent shall give notice of the filing to any personal representative appointed by the court, the devisees named in any will admitted to probate and those persons identified in ORS 113.035 (5). Persons receiving notice under this subsection shall have 20 days after the notice was given to file written objections to the petition. The court may make a determination regarding the decedent’s intent after a hearing or on the basis of affidavits. (4)(a) If the court determines that clear and convincing evidence exists showing that a writing described in subsection (1) of this section was intended by the decedent to accomplish one of the purposes set forth in subsection (1) of this section, the court shall: (A) Prepare written findings of fact in support of the determination; and (B) Enter a limited judgment that admits the writing for probate as the decedent’s will or otherwise acknowledges the validity and intent of the writing. (b) A determination under this subsection does not preclude the filing of a will contest under ORS 113.075, except that the will may not be contested on the grounds that the will was not executed in compliance with ORS 112.235. (5) The fee imposed and collected by the court for the filing of a petition under this section shall be in accordance with ORS 21.135. [2015 c.387 §29; 2016 c.42 §17; 2019 c.165 §32; 2021 c.390 §1]
OR Rev Stat § 112.245 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.245 - Witness as beneficiary.

A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. [1969 c.591 §38; 1973 c.506 §8]
OR Rev Stat § 112.255 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.255 - Validity of execution of a will; incorporation by reference.

(1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of: (a) This state at the time of execution or at the time of death of the testator; (b) The domicile of the testator at the time of execution or at the time of the testator’s death; or (c) The place of execution at the time of execution. (2) A will is lawfully executed if it complies with the Uniform International Wills Act. (3) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (4) A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether the events occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of another individual’s will is such an event. [1969 c.591 §39; 1981 c.481 §5; 2015 c.27 §11; 2015 c.387 §12]
OR Rev Stat § 112.260 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.260 - Reference in will to statement or list disposing of certain effects; admissibility; alteration.

(1) Except as otherwise provided in a valid will, a will may refer to a writing that contains a statement or list disposing of household items, furniture, furnishings and personal effects. Money, property used in trade or business and items evidenced by documents or certificates of title may not be disposed of under this section. (2) To be admissible under this section as evidence of the intended disposition, the writing must: (a) Be referred to in the testator’s will; (b) Be signed by the testator; and (c) Describe the household items, furniture, furnishings, personal effects and the devisees with reasonable certainty. (3) A writing under this section may be referred to as a writing that is or will be in existence at the time of the testator’s death and may be prepared before or after the execution of the testator’s will. (4) A writing under this section may be altered by the testator one or more times after the initial creation of the writing and may be a writing that has no significance apart from the writing’s effect on the dispositions made by the will. (5) As used in this section, "writing" includes an electronic record, document or image. [2015 c.387 §30]
OR Rev Stat § 112.265 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.265 - Testamentary additions to trusts.

(1) A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust, if: (a) The trust is established or will be established by the testator, or by the testator and some other person or persons, or by some other person or persons; (b) The trust is identified in the testator’s will; and (c) The terms of the trust are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator’s will, or in the valid last will of a person who has predeceased the testator. (2) The trust may be funded during the testator’s lifetime or upon the testator’s death by the testator’s devise to the trustee or trustees. The trust may be a funded or unfunded life insurance trust, although the trustor has reserved any or all of the rights of ownership of the insurance contracts. (3) The devise shall not be invalid because the trust: (a) Is amendable or revocable, or both; or (b) Was amended after the execution of the testator’s will or after the death of the testator. (4) Unless the testator’s will provides otherwise, the property so devised: (a) Shall not be considered to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given; and (b) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator, regardless of whether made before or after the execution of the testator’s will. (5) Unless the testator’s will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise to lapse. (6) This section shall not be construed as providing an exclusive method for making devises to the trustee or trustees of a trust established otherwise than by the will of the testator making the devise. (7) This section shall be so construed as to effectuate its general purpose to make uniform the law of those states that enact the same or similar provisions. [1969 c.591 §40; 1999 c.132 §1]
OR Rev Stat § 112.270 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.270 - Procedure to establish contract to make will or devise or not to revoke will or devise.

(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1, 1974, shall be established only by: (a) Provisions of a will stating material provisions of the contract; (b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (c) A writing signed by the decedent evidencing the contract. (2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. [1973 c.506 §13]
OR Rev Stat § 112.272 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.272 - In terrorem clauses valid and enforceable; exceptions.

(1) Except as provided in this section, an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest. (2) The court shall not enforce an in terrorem clause: (a) If the devisee contesting the will establishes that: (A) The devisee has probable cause to believe that the will is a forgery; (B) The will has been revoked; or (C) The will is invalid in whole or in part. (b) If the devisee is only making objections to the acts of the personal representative in the administration of the decedent’s estate. (3) The court shall not enforce an in terrorem clause if the contest 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 will that reduces or eliminates a devise to a devisee if the devisee contests the will in whole or in part. (5) This section is not intended as a complete codification of the law governing enforcement of an in terrorem clause. The common law governs enforcement of an in terrorem clause to the extent the common law is not inconsistent with the provisions of this section. [1997 c.151 §2; 2015 c.387 §13]
OR Rev Stat § 112.275 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.275 - Manner of revocation or alteration exclusive.

A will may be revoked or altered only as provided in ORS 112.238, 112.260 or 112.285 to 112.315. [1969 c.591 §41; 2015 c.387 §14]
OR Rev Stat § 112.285 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.285 - Express revocation or alteration; partial revocation not valid.

(1) A will may be revoked or altered by another will. (2) A will may be revoked by one or more physical acts by being burned, torn, canceled, obliterated or destroyed, with the intent and purpose of the testator of revoking the will, by the testator, or by another person at the direction of the testator and in the presence of the testator. The injury or destruction of the will by a person other than the testator at the direction and in the presence of the testator shall be proved by at least two witnesses. (3) A partial revocation of a provision in a will by one or more physical acts as described in subsection (2) of this section is not a valid revocation. One or more physical acts that affect one or more provisions of a will but not the entirety of the will are not effective to revoke those provisions, but clear and convincing evidence may show that the testator intended by the physical act or acts to revoke the entirety of the will. [1969 c.591 §42; 2015 c.387 §15]
OR Rev Stat § 112.295 (2021)
2021 Oregon Revised Statutes|Volume : 03 - Landlord-Tenant, Domestic Relations, Probate|Chapter 112 - Intestate Succession and Wills|Section 112.295 - Revival of revoked or invalid will.

If a will or a part thereof has been revoked or is invalid, it can be revived only by a re-execution of the will or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference. [1969 c.591 §43]