Wills, Trusts, and Estates
Wills, Trusts, and Estates tests Oregon's Probate Code, ORS chapters 111-116, and the Oregon Uniform Trust Code, ORS chapter 130. Expect will formalities, intestacy, revocation, will contests, trust creation, trustee duties, and probate administration.
Core rules
- A valid will must be in writing, signed by the testator, and attested by two witnesses under ORS 112.225. Oregon does not generally recognize holographic wills.
- Intestacy follows ORS 112.025 et seq.; a surviving spouse and descendants take in statutory shares.
- Revocation requires a subsequent will, a physical act with intent, or operation of law; marking out a clause may not revoke the whole will.
- A trustee owes loyalty, impartiality, and prudent administration; a spendthrift clause restricts beneficiaries' creditors.
Worked example
Testator signs a will before two witnesses. Later, he crosses out a $50,000 gift to A and writes void, but does not re-execute. The rest of the will remains. Under Oregon law, a physical act can revoke a will only if the testator intends to revoke and the act destroys the will's legal effect; a partial alteration may require re-execution. The gift likely stands unless the statutory method is satisfied. Reasoning: identify the revocation method and intent.
Traps
Do not assume a holograph is valid; do not ignore the interested-witness and pretermitted-heir statutes; do not confuse trust revocation with will revocation; do not overlook trustee accounting duties.