US Lawyer Database

Section 130.845 – UTC 1010. Limitation on personal liability of trustee.

(1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee disclosed the trustee’s fiduciary capacity in the contract. (2) A trustee is personally liable for torts committed in the course […]

Section 130.800 – UTC 1001. Remedies for breach of trust.

(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. A breach of trust may occur by reason of an action or by reason of a failure to act. (2) To remedy a breach of trust that has occurred or to prevent a breach of […]

Section 130.805 – UTC 1002. Damages for breach of trust.

(1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greatest of: (a) The amount of damages caused by the breach; (b) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or […]

Section 130.810 – UTC 1003. Damages in absence of breach.

(1) Except as provided by ORS 130.725 (4) and (15) or 709.175 or other law of this state, a trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, without regard to whether the profit resulted from a breach of trust. (2) Unless there […]

Section 130.815 – UTC 1004. Attorney fees and costs.

In a judicial proceeding involving the validity or administration of a trust, the court may award costs and expenses and reasonable attorney’s fees to any party, to be paid by another party or from the trust. [2005 c.348 §86]

Section 130.820 – UTC 1005. Limitation of action against trustee.

(1) Notwithstanding ORS chapter 12 or any other provision of law, but subject to subsection (2) of this section, a civil action against a trustee based on any act or omission of the trustee, whether based in tort, contract or other theory of recovery, must be commenced within six years after the date the act […]

Section 130.725 – UTC 816. Specific powers of trustee.

Without limiting the authority conferred by ORS 130.720, a trustee may do any of the following: (1) Collect trust property and accept or reject additions to the trust property from a settlor or any other person. (2) Acquire or sell property, for cash or on credit, at public or private sale. (3) Exchange, partition or […]

Section 130.735 – Appointment of adviser; liability of trustee.

(1) A trust instrument may appoint a person to act as an adviser for the purpose of directing or approving decisions made by the trustee, including decisions related to distribution of trust assets and to the purchase, sale or exchange of trust investments. The appointment must be made by a provision of the trust that […]