Intestate Succession and Wills

ORS 112.805
Exclusive manner of disposing of wills

  • destroyed will not revoked


(1)

Any person having custody of a will has a duty to maintain custody of the will and may not destroy or discard the will, disclose its contents to any person or deliver the will to any person except as authorized by the testator or as permitted by ORS 112.800 (Definition for ORS 112.800 to 112.830) to 112.830 (Court may order delivery of will).

(2)

Nothing in ORS 112.800 (Definition for ORS 112.800 to 112.830) to 112.830 (Court may order delivery of will) bars a testator from destroying, revoking, delivering to any person or otherwise dealing with the will of the testator.

(3)

A will destroyed in accordance with ORS 112.800 (Definition for ORS 112.800 to 112.830) to 112.830 (Court may order delivery of will) shall not be revoked by virtue of such destruction and its contents may be proved by secondary evidence. [1989 c.770 §§2,7,10]
Note: See note under 112.800 (Definition for ORS 112.800 to 112.830).

Source

Last accessed
Jun. 26, 2021