is binding on the person represented unless the person represented

130.120 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.

����� (3) Except as otherwise provided in ORS 130.200 and 130.505, a person who is authorized to represent a financially incapable settlor under ORS 130.100 to 130.120 may receive notice and give binding consent on the settlor�s behalf.

����� (4) A settlor may not represent and bind a beneficiary under ORS 130.100 to 130.120 with respect to the termination or modification of an irrevocable trust under ORS 130.200 (1). [2005 c.348 �16]

����� 130.105 UTC 302. Representation by holder of testamentary power of appointment. To the extent there is no conflict of interest between the holder of a testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests are subject to the power as permissible appointees, as takers in default or by other reason. [2005 c.348 �17; 2007 c.33 �1]

����� 130.110 UTC 303. Representation by fiduciaries and parents. To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

����� (1) A conservator may represent and bind the estate that the conservator controls;

����� (2) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;

����� (3) A trustee may represent and bind the beneficiaries of the trust;

����� (4) A personal representative of a decedent�s estate may represent and bind persons interested in the estate; and

����� (5) A parent may represent and bind the parent�s minor or unborn child if a conservator for the child has not been appointed. [2005 c.348 �18]

����� 130.115 UTC 304. Representation by person having substantially identical interest. Unless otherwise represented, a minor, financially incapable individual or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. [2005 c.348 �19]

����� 130.120 UTC 305. Appointment of special representative. (1) If the court determines that the interest of a person is not represented under ORS 130.100 to 130.120, or that the otherwise available representation might be inadequate, the court may appoint a special representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, financially incapable individual or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable. A special representative may be appointed to represent several persons or interests, if the interests of the persons represented do not conflict.

����� (2) A special representative may act on behalf of the individual represented with respect to any matter that the court has authorized, whether or not a judicial proceeding concerning the trust is pending.

����� (3) In making decisions, a special representative may consider general benefit accruing to the living members of the individual�s family.

����� (4) A person appointed as special representative must have appropriate skills and experience necessary to adequately represent the individual in the matter for which the special representative is appointed. A special representative may not have an interest in the trust that is the subject of the appointment of the special representative. A special representative may not be related to a personal representative of an estate with an interest in the trust, or to a trustee, beneficiary or other person with an interest in the trust.

����� (5) A person requesting the appointment of a special representative must file a petition with the court describing the proposed special representative, the need for a special representative, the qualifications of the special representative, the person or persons who will be represented, the actions that the special representative will take and the approximate date or event when the authority of the special representative will terminate. The person seeking to serve as special representative must file a consent to serve.

����� (6) A special representative appointed under this section is entitled to reasonable compensation for services. The trustee shall pay compensation to the special representative from the principal of the trust that is attributable to those beneficiaries who are represented. If the beneficiaries who are represented do not have principal that is attributable to them, compensation is an administrative expense of the trust.

����� (7) Upon completion of the responsibilities of the special representative, the special representative shall move the court for an order discharging the special representative. Upon order of the court, a special representative appointed under this section shall be discharged from any further responsibility with respect to the trust. [2005 c.348 �20]

CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST

����� 130.150 UTC 401. Methods of creating trust. (1) A trust may be created:

����� (a) By transfer of property to another person as trustee during the settlor�s lifetime or by will or other disposition taking effect upon the settlor�s death;

����� (b) By declaration by the owner of property that the owner holds identifiable property as trustee;

����� (c) By exercise of a power of appointment in favor of a trustee;

����� (d) By an agent or attorney-in-fact under a power of attorney that expressly grants authority to create the trust; or

����� (e) Pursuant to a statute or judgment that requires property to be administered in the manner of an express trust.

����� (2) The following apply to trusts for death benefits:

����� (a) A trustee may be named as beneficiary of any death benefits, and the death benefits shall be paid to the trustee and be held and disposed of by the trustee as provided in a trust created by the designator during the lifetime of the designator. A trust is valid even though the trust does not have a trust corpus other than the right of the trustee to receive death benefits as beneficiary.

����� (b) A trustee named by will may be designated as beneficiary of death benefits if the designation is made in accordance with the provisions of the policy, contract, plan, trust or other governing instrument. Upon probate of the will, or upon the filing of a simple estate affidavit under ORS 114.515, the death benefits are payable to the trustee to be held and disposed of under the terms of the designator�s will in the same manner as other testamentary trusts are administered. Unless otherwise provided by the designator, an obligor may make payment of death benefits to the personal representative of the designator, or to the persons who are otherwise entitled to the death benefits, if a qualified trustee does not claim the death benefits within one year after the death of the designator, or if satisfactory evidence is furnished within the one-year period showing that there is no trustee who can qualify to receive the death benefits. The obligor is discharged from any liability for the death benefits upon making the payment.

����� (c) Death benefits received by the trustee are not subject to the debts of the designator or to inheritance or estate taxes to any greater extent than if the death benefits were payable to the beneficiaries named in the trust and not to the estate of the designator.

����� (d) Death benefits held in trust may be commingled with any other assets that may properly become a part of the trust.

����� (3) As used in this section:

����� (a) �Death benefits� means death benefits of any kind, including proceeds of life insurance policies, payments under annuity or endowment contracts, and funds payable in connection with pension, retirement, stock bonus or profit-sharing plans, or any trust administered in connection with these arrangements.

����� (b) �Designator� means the person entitled to designate the beneficiary of death benefits upon the death of the person.

����� (c) �Obligor� means the insurer or other person obligated to pay death benefits. [2005 c.348 �21; 2009 c.275 �8; 2019 c.165 �24; 2023 c.17 �23]

����� 130.155 UTC 402. Requirements for creation. (1) A trust is created only if all of the following requirements are met:

����� (a) The settlor has capacity to create a trust.

����� (b) The settlor indicates an intention to create the trust.

����� (c) The trust has a definite beneficiary or is:

����� (A) A charitable trust;

����� (B) A trust for the care of an animal, as provided in ORS 130.185;

����� (C) A trust for a noncharitable purpose, as provided in ORS 130.190; or

����� (D) A stewardship trust, as provided in ORS 130.193.

����� (d) The trustee has duties to perform.

����� (e) The same person is not the sole trustee and sole beneficiary.

����� (2) A beneficiary is definite for the purposes of subsection (1)(c) of this section if the beneficiary can be ascertained when the trust is created or at any time thereafter, subject to any applicable rule against perpetuities.

����� (3) A power of a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. [2005 c.348 �22; 2019 c.162 �5]

����� 130.160 UTC 403. Trusts created in other states, countries or jurisdictions. A trust not created by will is validly created if the creation of the trust complies with the law of the state, country or other jurisdiction in which the trust instrument was executed, or the law of the state, country or other jurisdiction in which, at the time of creation:

����� (1) The settlor was domiciled, had a place of abode or was a national;

����� (2) A trustee was domiciled or had a place of business; or

����� (3) Any trust property was located. [2005 c.348 �23]

����� 130.165 UTC 404. Trust purposes. A trust may be created only to the extent the purposes of the trust are lawful, not contrary to public policy and possible to achieve. A trust and its terms must be for the benefit of the trust�s beneficiaries. [2005 c.348 �24]

����� 130.170 UTC 405. Charitable trusts; enforcement. (1) A charitable trust is a trust that:

����� (a) Expressly designates one or more charitable organizations, or one or more classes of charitable organizations, to receive distributions as beneficiaries of the trust unless the combined interests of all charitable beneficiaries are negligible or all charitable beneficiaries are remote interest beneficiaries; or

����� (b) Is created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes beneficial to the community, but that does not contain contingencies that make the charitable interest negligible.

����� (2) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor�s intention to the extent that intent can be ascertained.

����� (3) The settlor of a charitable trust, in addition to other persons authorized by law or the trust instrument, may maintain a proceeding to enforce the trust.

����� (4) A court may modify or terminate a charitable trust only if the Attorney General is a party to the proceedings. [2005 c.348 �25; 2009 c.275 �9; 2013 c.529 �3]

����� 130.175 UTC 406. Creation of trust induced by fraud, duress or undue influence. A trust is void to the extent the creation of the trust was induced by fraud, duress or undue influence. [2005 c.348 �26]

����� 130.180 UTC 407. Evidence of oral trust. Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument. The creation of an oral trust, and the terms of an oral trust, must be established by clear and convincing evidence. [2005 c.348 �27]

����� 130.185 UTC 408. Pet trust. (1) A trust may be created to provide for the care of one or more animals that are alive during the settlor�s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal, upon the death of the last surviving animal. An oral or written declaration shall be liberally construed in favor of finding the creation of a trust under this section. There is a presumption against merely precatory or honorary disposition on behalf of an animal.

����� (2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if a person is not appointed in the terms of the trust, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. Reasonable compensation for a person appointed by the court may be paid from the assets of the trust.

����� (3) Property of a trust authorized by this section may be applied only to its intended use. Upon termination of the trust, property of the trust must be distributed to those persons designated in the trust. In the absence of a designation, the property shall be distributed to the settlor if the settlor is living when the distribution is made, or to the settlor�s successors in interest if the settlor is not living when the distribution is made.

����� (4) Except as ordered by a circuit court or required by the trust instrument, a trustee for a trust authorized under this section need not pay any fee or make any filing, report, registration, periodic accounting, separate maintenance of funds or appointment by reason of the existence of the fiduciary relationship of the trustee. A person appointed to enforce the trust may request a report under ORS