ORS 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 (UTC 111. Nonjudicial settlement agreements). [2005 c.348 §31; 2007 c.129 §21; 2009 c.275 §11; 2013 c.529 §5]
Source:
Section 130.200 — UTC 411. Modification or termination of irrevocable trust by consent, https://www.oregonlegislature.gov/bills_laws/ors/ors130.html.
Law Review Citations
42 WLR 187 (2006)
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