Property Rights

ORS 105.638
Disclaimer of power of appointment or other power not held in fiduciary capacity

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:


If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.


If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.


The instrument creating the power is construed as if the power expired when the disclaimer became effective. [2001 c.245 §9]
§§ 105.625 to 105.640

See annotations under ORS 105.623 to 105.649.

§§ 105.623 to 105.649

Law Review Citations

Under Former Similar Statutes (Ors 105.625 to 105.640)

24 WLR 41 (1988)

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869


Last accessed
Jun. 26, 2021