# ORS § 130.010: 130.010 UTC 103. Definitions > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.010 ## Section - **Citation:** ORS § 130.010 - **Heading:** 130.010 UTC 103. Definitions - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 13 / Chapter 130 / Section 130.010 ## Text 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, described in ORS 130.170 (UTC 405. Charitable trusts) (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 (Additional definitions for Bank Act) . (7) “Financially incapable” has the meaning given that term in ORS 125.005 (Definitions) . “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, partnership, limited liability company, association, joint venture, public body as defined in ORS 174.109 (“Public body” defined) 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) “Remote interest beneficiary” means a beneficiary of a trust whose beneficial interest in the trust, at the time the determination of interest is made, is contingent upon the successive terminations of both the interest of a qualified beneficiary and the interest of a secondary beneficiary whose interests precede the interest of the remote interest beneficiary. (16) “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. (17) “Secondary beneficiary” means a beneficiary, other than a qualified beneficiary, whose beneficial interest in the trust, at the time the determination of interest is made, is contingent solely upon the termination of all qualified beneficiary interests that precede the interest of the secondary beneficiary. (18) “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. nterest of the secondary beneficiary. (18) “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. (19) “Spendthrift provision” means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary’s interest. (20) “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. (21) “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. (22) “Trust instrument” means an instrument executed by a settlor that contains terms of the trust, including any amendments to the instrument. (23) “Trustee” means an original trustee, an additional trustee, a successor trustee or a cotrustee. [2005 c.348 §3; 2009 c.275 §1; 2009 c.294 §16; 2013 c.529 §1] Source: Section 130.010 — UTC 103. Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors130.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 130.001 130.001 UTC 101. Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.001.md) - [ORS § 130.005 130.005 UTC 102. Scope](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.005.md) - [ORS § 130.010 130.010 UTC 103. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.010.md) - [ORS § 130.015 130.015 UTC 104. Knowledge](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.015.md) - [ORS § 130.020 130.020 UTC 105. Default and mandatory rules](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.020.md) - [ORS § 130.022 130.022 UTC 108. Principal place of administration](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.022.md) - [ORS § 130.025 130.025 UTC 106. Common law of trusts](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.025.md) - [ORS § 130.030 130.030 UTC 107. Governing law](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.030.md) - [ORS § 130.035 130.035 UTC 109. Methods of giving notice](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.035.md) - [ORS § 130.040 130.040 UTC 110. Other persons treated as qualified beneficiaries](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.040.md) - [ORS § 130.045 130.045 UTC 111. Nonjudicial settlement agreements](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.045.md) - [ORS § 130.050 130.050 UTC 201. Role of court in administration of trust](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.050.md) - [ORS § 130.055 130.055 UTC 202. Jurisdiction over trustee and beneficiary](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.055.md) - [ORS § 130.060 130.060 UTC 203. Subject-matter jurisdiction](https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.060.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T13_C130_S130.010. Check the current official text before relying on it. Not legal advice.