(5). Persons receiving notice under this subsection shall have 20 days

113.035 (5). Persons receiving notice under this subsection shall have 20 days after the notice was given to file written objections to the petition. The court may make a determination regarding the decedent�s intent after a hearing or on the basis of affidavits.

����� (4)(a) If the court determines that clear and convincing evidence exists showing that a writing described in subsection (1) of this section was intended by the decedent to accomplish one of the purposes set forth in subsection (1) of this section, the court shall:

����� (A) Prepare written findings of fact in support of the determination; and

����� (B) Enter a limited judgment that admits the writing for probate as the decedent�s will or otherwise acknowledges the validity and intent of the writing.

����� (b) A determination under this subsection does not preclude the filing of a will contest under ORS 113.075, except that the will may not be contested on the grounds that the will was not executed in compliance with ORS 112.235.

����� (5) The fee imposed and collected by the court for the filing of a petition under this section shall be in accordance with ORS 21.135. [2015 c.387 �29; 2016 c.42 �17; 2019 c.165 �32; 2021 c.390 �1; 2025 c.34 �4]

����� Note: See note under 112.235.

����� 112.245 Witness as beneficiary. A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. [1969 c.591 �38; 1973 c.506 �8]

����� 112.255 Validity of execution of a will; incorporation by reference. (1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of:

����� (a) This state at the time of execution or at the time of death of the testator;

����� (b) The domicile of the testator at the time of execution or at the time of the testator�s death; or

����� (c) The place of execution at the time of execution.

����� (2) A will is lawfully executed if it complies with the Uniform International Wills Act.

����� (3) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

����� (4) A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether the events occur before or after the execution of the will or before or after the testator�s death. The execution or revocation of another individual�s will is such an event. [1969 c.591 �39; 1981 c.481 �5; 2015 c.27 �11; 2015 c.387 �12]

����� 112.260 Reference in will to statement or list disposing of certain effects; admissibility; alteration. (1) Except as otherwise provided in a valid will, a will may refer to a writing that contains a statement or list disposing of household items, furniture, furnishings and personal effects. Money, property used in trade or business and items evidenced by documents or certificates of title may not be disposed of under this section.

����� (2) To be admissible under this section as evidence of the intended disposition, the writing must:

����� (a) Be referred to in the testator�s will;

����� (b) Be signed by the testator; and

����� (c) Describe the household items, furniture, furnishings, personal effects and the devisees with reasonable certainty.

����� (3) A writing under this section may be referred to as a writing that is or will be in existence at the time of the testator�s death and may be prepared before or after the execution of the testator�s will.

����� (4) A writing under this section may be altered by the testator one or more times after the initial creation of the writing and may be a writing that has no significance apart from the writing�s effect on the dispositions made by the will.

����� (5) As used in this section, �writing� includes an electronic record, document or image. [2015 c.387 �30]

����� 112.265 Testamentary additions to trusts. (1) A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust, if:

����� (a) The trust is established or will be established by the testator, or by the testator and some other person or persons, or by some other person or persons;

����� (b) The trust is identified in the testator�s will; and

����� (c) The terms of the trust are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator�s will, or in the valid last will of a person who has predeceased the testator.

����� (2) The trust may be funded during the testator�s lifetime or upon the testator�s death by the testator�s devise to the trustee or trustees. The trust may be a funded or unfunded life insurance trust, although the trustor has reserved any or all of the rights of ownership of the insurance contracts.

����� (3) The devise shall not be invalid because the trust:

����� (a) Is amendable or revocable, or both; or

����� (b) Was amended after the execution of the testator�s will or after the death of the testator.

����� (4) Unless the testator�s will provides otherwise, the property so devised:

����� (a) Shall not be considered to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given; and

����� (b) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator, regardless of whether made before or after the execution of the testator�s will.

����� (5) Unless the testator�s will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise to lapse.

����� (6) This section shall not be construed as providing an exclusive method for making devises to the trustee or trustees of a trust established otherwise than by the will of the testator making the devise.

����� (7) This section shall be so construed as to effectuate its general purpose to make uniform the law of those states that enact the same or similar provisions. [1969 c.591 �40; 1999 c.132 �1]

����� 112.270 Procedure to establish contract to make will or devise or not to revoke will or devise. (1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, executed after January 1, 1974, shall be established only by:

����� (a) Provisions of a will stating material provisions of the contract;

����� (b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or

����� (c) A writing signed by the decedent evidencing the contract.

����� (2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills. [1973 c.506 �13]

����� 112.272 In terrorem clauses valid and enforceable; exceptions. (1) Except as provided in this section, an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest.

����� (2) The court shall not enforce an in terrorem clause:

����� (a) If the devisee contesting the will establishes that:

����� (A) The devisee has probable cause to believe that the will is a forgery;

����� (B) The will has been revoked; or

����� (C) The will is invalid in whole or in part.

����� (b) If the devisee is only making objections to the acts of the personal representative in the administration of the decedent�s estate.

����� (3) The court shall not enforce an in terrorem clause if the contest is brought by a fiduciary acting on behalf of a protected person under the provisions of ORS chapter 125, a guardian ad litem appointed for a minor, or a guardian ad litem appointed for an incapacitated or financially incapable person.

����� (4) For the purposes of this section, �in terrorem clause� means a provision in a will that reduces or eliminates a devise to a devisee if the devisee contests the will in whole or in part.

����� (5) This section is not intended as a complete codification of the law governing enforcement of an in terrorem clause. The common law governs enforcement of an in terrorem clause to the extent the common law is not inconsistent with the provisions of this section. [1997 c.151 �2; 2015 c.387 �13]

����� 112.275 Manner of revocation or alteration exclusive. A will may be revoked or altered only as provided in ORS 112.238, 112.260 or