For the purposes of this chapter:
(1) “Ascertainable standard” means an ascertainable standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, as in effect on January 1, 2006.
(2) “Beneficiary” means a person that:
(a) Has a present or future beneficial interest in a trust, whether vested or contingent; or
(b) Holds a power of appointment over trust property in a capacity other than that of trustee.
(3) “Charitable trust” means a trust, or portion of a trust, created for a charitable purpose described in ORS 130.170 (1).
(4) “Conservator” means a person appointed by a court to administer the estate of a minor or adult individual.
(5) “Environmental law” means a federal, state or local law, rule, regulation or ordinance relating to protection of the environment.
(6) “Financial institution” has the meaning given that term in ORS 706.008.
(7) “Financially incapable” has the meaning given that term in ORS 125.005. “Financially capable” means not financially incapable.
(8) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health and welfare of a minor or adult individual. “Guardian” does not include a guardian ad litem.
(9) “Interests of the beneficiaries” means the beneficial interests provided in the terms of a trust.
(10) “Permissible distributee” means a beneficiary who is currently eligible to receive distributions of trust income or principal, whether the distribution is mandatory or discretionary.
(11) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public body as defined in ORS 174.109 or any other legal or commercial entity.
(12) “Power of withdrawal” means a presently exercisable general power of appointment, other than a power exercisable by a trustee that is limited by an ascertainable standard or that is exercisable by another person only upon consent of the trustee or a person holding an adverse interest.
(13) “Property” means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein.
(14) “Qualified beneficiary” means a beneficiary who:
(a) Is a permissible distributee on the date the beneficiary’s qualification is determined;
(b) Would be a permissible distributee if the interests of all permissible distributees described in paragraph (a) of this subsection terminated on the date the beneficiary’s qualification is determined; or
(c) Would be a permissible distributee if the trust terminated on the date the beneficiary’s qualification is determined.
(15) “Revocable trust” means a trust that can be revoked by the settlor without the consent of the trustee or a person holding an adverse interest.
(16) “Settlor” means a person, including a testator, who creates a trust or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution and of the portion as to which that person has the power to revoke or withdraw.
(17) “Spendthrift provision” means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary’s interest.
(18) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. “State” includes an Indian tribe or band recognized by federal law or formally acknowledged by a state.
(19) “Terms of a trust” means the manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.
(20) “Trust instrument” means an instrument executed by a settlor that contains terms of the trust, including any amendments to the instrument.
(21) “Trustee” means an original trustee, an additional trustee, a successor trustee or a cotrustee. [2005 c.348 §3]
Section: Previous 130.001 130.005 130.010 130.015 130.020 130.022 130.025 130.030 130.035 130.040 130.045 130.050 130.055 130.060 130.065 NextLast modified: August 7, 2008