Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by ORS § 105.950 (1)(b), (2)(b) and (3)(b) if:

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Terms Used In Oregon Statutes 105.960

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(1) A nonvested property interest or a power of appointment becomes invalid under ORS § 105.950, statutory rule against perpetuities;

(2) A class gift is not but might become invalid under ORS § 105.950, statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) A nonvested property interest that is not validated by ORS § 105.950 (1)(a) can vest but not within 90 years after its creation. [1989 c.208 § 3]