Uniform Trust Code

ORS 130.100
UTC 301. Representation

  • basic effect


(1)

Notice to a person who may represent and bind another person under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) has the same effect as if notice were given directly to the other person. Notice to a representative must comply with ORS 130.035 (UTC 109. Methods of giving notice) (4).

(2)

The consent of a person who may represent and bind another person under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

(3)

Except as otherwise provided in ORS 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) and 130.505 (UTC 602. Revocation or amendment of revocable trust), a person who is authorized to represent a financially incapable settlor under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) may receive notice and give binding consent on the settlor’s behalf.

(4)

A settlor may not represent and bind a beneficiary under ORS 130.100 (UTC 301. Representation) to 130.120 (UTC 305. Appointment of special representative) with respect to the termination or modification of an irrevocable trust under ORS 130.200 (UTC 411. Modification or termination of irrevocable trust by consent) (1). [2005 c.348 §16]

Law Review Citations

42 WLR 187 (2006)

Chapter 130

Law Review Citations

42 WLR 187 (2006)


Source

Last accessed
Jun. 26, 2021