# ORS § 129.220: 129.220 UPIA 105. Judicial control of discretionary power > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.220 ## Section - **Citation:** ORS § 129.220 - **Heading:** 129.220 UPIA 105. Judicial control of discretionary power - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 13 / Chapter 129 / Section 129.220 ## Text (1) The court may not order a fiduciary to change a decision to exercise or not to exercise a discretionary power conferred by this chapter unless it determines that the decision was an abuse of the fiduciary’s discretion. A fiduciary’s decision is not an abuse of discretion merely because the court would have exercised the power in a different manner or would not have exercised the power. (2) The decisions to which subsection (1) of this section applies include: (a) A decision under ORS 129.215 (UPIA 104. Trustee’s power to adjust) (1) as to whether and to what extent an amount should be transferred from principal to income or from income to principal. (b) A decision regarding the factors that are relevant to the trust and its beneficiaries, the extent to which the factors are relevant and the weight, if any, to be given to those factors in deciding whether and to what extent to exercise the discretionary power conferred by ORS 129.215 (UPIA 104. Trustee’s power to adjust) (1). (3) If the court determines that a fiduciary has abused the fiduciary’s discretion, the court may place the income and remainder beneficiaries in the positions they would have occupied if the discretion had not been abused, according to the following rules: (a) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or in a distribution that is too small, the court shall order the fiduciary to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to the beneficiary’s appropriate position. (b) To the extent that the abuse of discretion has resulted in a distribution to a beneficiary that is too large, the court shall place the beneficiaries, the trust, or both, in whole or in part, in their appropriate positions by ordering the fiduciary to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or ordering that beneficiary to return some or all of the distribution to the trust. (c) To the extent that the court is unable, after applying paragraphs (a) and (b) of this subsection, to place the beneficiaries, the trust, or both, in the positions they would have occupied if the discretion had not been abused, the court may order the fiduciary to pay an appropriate amount from its own funds to one or more of the beneficiaries or the trust or both. (4) Upon petition by the fiduciary for instructions, the court having jurisdiction over a trust or estate may instruct the fiduciary on whether a proposed exercise or nonexercise by the fiduciary of a discretionary power conferred by this chapter will result in an abuse of the fiduciary’s discretion. If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons for the proposal, the facts upon which the fiduciary relies and an explanation of how the income and remainder beneficiaries will be affected by the proposed exercise or nonexercise of the power, a beneficiary who challenges the proposed exercise or nonexercise has the burden of establishing that it will result in an abuse of discretion. [2003 c.279 §4a; 2005 c.348 §119] Source: Section 129.220 — UPIA 105. Judicial control of discretionary power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors129.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 129.200 129.200 UPIA 101. Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.200.md) - [ORS § 129.205 129.205 UPIA 102. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.205.md) - [ORS § 129.210 129.210 UPIA 103. Fiduciary duties](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.210.md) - [ORS § 129.215 129.215 UPIA 104. Trustee’s power to adjust](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.215.md) - [ORS § 129.220 129.220 UPIA 105. Judicial control of discretionary power](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.220.md) - [ORS § 129.225 129.225 Conversion to unitrust](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.225.md) - [ORS § 129.250 129.250 UPIA 201. Determination and distribution of net income](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.250.md) - [ORS § 129.255 129.255 UPIA 202. Distribution to residuary and remainder beneficiaries](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.255.md) - [ORS § 129.270 129.270 UPIA 301. When right to income begins and ends](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.270.md) - [ORS § 129.275 129.275 UPIA 302. Apportionment of receipts and disbursements when decedent dies or income interest begins](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.275.md) - [ORS § 129.280 129.280 UPIA 303. Apportionment when income interest ends](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.280.md) - [ORS § 129.300 129.300 UPIA 401. Character of receipts](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.300.md) - [ORS § 129.305 129.305 UPIA 402. Distribution from trust or estate](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.305.md) - [ORS § 129.308 129.308 UPIA 403. Business and other activities conducted by trustee](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.308.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C129_S129.220. Check the current official text before relying on it. Not legal advice.