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ORS 130.625

Known as the Oregon Uniform Trust Code

The act spans §§ 130.001 to 130.910 (136 sections).

Applied in 3 court decisions — leading case 242 Or. App. 132 - Briggs v. Lamvik (2011)

Most recently applied in 346 Or. App. 5 - Carter v. Smith (December 2025)

2005 c.348 §55; 2013 c.529 §14

How often courts cite this section

20112020202510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The settlor, a cotrustee or a beneficiary may request that a court remove a trustee, or a trustee may be removed by a court on its own motion.

(2) A court may remove a trustee if the court finds:

(a) The trustee has committed a serious breach of trust;

(b) Lack of cooperation among cotrustees substantially impairs the administration of the trust;

(c) Removal of the trustee best serves the interests of the beneficiaries because the trustee is unfit or unwilling, or has persistently failed to administer the trust effectively; or

(d) Removal of the trustee best serves the interests of all of the beneficiaries and:

(A) There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;

(B) A suitable cotrustee or successor trustee is available; and

(C) The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.

(3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under ORS 130.800 (2) as may be necessary to protect the trust property or the interests of the beneficiaries.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.