Conveyancing and Recording

ORS 93.959
URPTDA 8. Capacity of transferor

  • fraud, duress or undue influence

(1)

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.

(2)

A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void.

(3)

A proceeding must be commenced not later than 18 months after the transferor’s death to:

(a)

Contest the capacity of the transferor; or

(b)

Determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was procured by fraud, duress or undue influence. [2011 c.212 §8]
Note: See note under 93.948 (URPTDA 1. Short title).
Chapter 93

Atty. Gen. Opinions

Records involving title to real property registered under the Torrens system, (1972) Vol 35, p 1032

Source

Last accessed
Jun. 26, 2021

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