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Oregon · Through 2025 Edition

ORS 130.305: UTC 502. Spendthrift provision.

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Where this section sits in the code
  1. 03 - Landlord-Tenant, Domestic Relations, Probate
  2. 13. Protective Proceedings; Powers of Attorney; Trusts
  3. Chapter 130 — Uniform Trust Code

(1) A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest.

      (2) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest.

      (3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision. Except as otherwise provided in ORS 130.300 to 130.325, a creditor or assignee of a beneficiary may not reach the interest of a beneficiary or a distribution by the trustee before the distribution is received by the beneficiary.

      (4) A settlement agreement entered into under ORS 130.045 is not, by itself, a transfer in violation of a valid spendthrift provision.

Collected 2026-09-03T23:50:11Z. Source file · JSON

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