Oregon Will and Trust Laws: Witnesses, Harmless Error, Trusts (2026)

An Oregon will is valid when a person who is 18 or older (or married or emancipated) and of sound mind (ORS 112.225) puts it in writing and, in the presence of each of at least two witnesses, signs it, directs someone to sign it, or acknowledges an earlier signature, and the witnesses then sign it within a reasonable time before the testator's death (ORS 112.235). No notary is required, and Oregon has no separate rule for handwritten wills, but a court may treat a writing that misses a formality as a valid will on clear and convincing evidence of intent (ORS 112.238); for deaths on or after January 1, 2026, the writing must also be signed. Living trusts are governed by the Oregon Uniform Trust Code, ORS chapter 130.

Oregon Laws 2025, chapter 34, effective January 1, 2026, amended both execution sections (ORS 112.235(4) and 112.238(1)); the amended text governs writings of decedents who die on or after that date. For how other states handle the same questions, see our wills and trusts laws by state guide.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon statutes on making, signing, proving, changing and revoking wills (ORS chapters 112 and 113) and on revocable living trusts (the Oregon Uniform Trust Code, ORS chapter 130), with the divorce rule for beneficiary designations in ORS chapter 107 and the elective share in ORS chapter 114. It does not cover what happens when someone dies without a will or how probate works (see Oregon probate), small-estate procedures (see the Oregon small estate affidavit page), powers of attorney (see Oregon power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Oregon advance directive tool.

What makes a will valid in Oregon?

Who may make a will

Under ORS 112.225, "Any person who is 18 years of age or older or who has been lawfully married or who has been emancipated in accordance with ORS 419B.550 to 419B.558, and who is of sound mind, may make a will."

The signing and witnessing rule

Section 112.235(1) sets the formalities:

"(1) Except as provided in ORS 112.238, a will shall be in writing and shall be executed in accordance with the following formalities: (a) The testator, in the presence of each of the witnesses, shall: (A) Sign the will; (B) Direct one of the witnesses or some other person to sign the name of the testator and the signer's own name on the will; or (C) Acknowledge the signature previously made on the will by the testator or at the testator's direction. (b) At least two witnesses shall each: (A)(i) See the testator sign the will; (ii) Hear the testator acknowledge the signature on the will; or (iii) Hear or observe the testator direct some other person to sign the name of the testator; and (B) Attest the will by signing the witness' name to the will within a reasonable time before the testator's death." (ORS 112.235(1))

What the text requires, and what it leaves out:

• The testator acts in each witness's presence. The testator signs, directs someone else to sign, or acknowledges a signature already on the will.
• A proxy signer signs two names. A person signing at the testator's direction signs both the testator's name and the signer's own name.
• Each witness perceives the act. Each of at least two witnesses sees the signing, hears the acknowledgment, or hears or observes the direction.
• The witnesses sign within a reasonable time. The statute does not require the witnesses to sign in the testator's presence or in each other's presence; it requires them to sign "within a reasonable time before the testator's death."
• No declaration and no notary. Section 112.235 does not require the testator to declare the document to be a will, and it does not require a notary.

Under 112.235(2), a witness's signature on an affidavit executed at the same time as the will counts as the witness's signature on the will, if that is necessary to prove the will was duly executed.

Interested witnesses

Oregon does not strip a gift from a witness who inherits. Under ORS 112.245, "A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate."

Wills signed in another state

Under ORS 112.255(1), a will "is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of: (a) This state at the time of execution or at the time of death of the testator; (b) The domicile of the testator at the time of execution or at the time of the testator's death; or (c) The place of execution at the time of execution." A will that meets another state's rules, including a handwritten will valid where it was made or where the testator was domiciled, can therefore be lawfully executed for Oregon purposes, as long as it is in writing and signed by or at the direction of the testator.

Under ORS 112.235(3), a will executed in compliance with the Uniform International Wills Act (ORS 112.232) "shall be deemed to have complied with the formalities" of 112.235. An international will is declared before two witnesses and an authorized person and signed (or the signature acknowledged) in their presence (112.232(3)); under 112.232(9), the authorized persons are lawyers admitted to practice in Oregon and currently licensed.

When a will misses a formality: ORS 112.238

Oregon has a statutory cure for execution mistakes. Section 112.238(1) provides:

"(1) Although a writing was not executed in compliance with ORS 112.235, the writing may be treated as if it had been executed in compliance with ORS 112.235 if: (a) The writing was executed before the decedent's death; (b)(A) The decedent signed the writing; or (B) At the direction of the decedent, another person signed the name of the decedent and the signer's own name on the writing; and (c) The proponent of the writing establishes by clear and convincing evidence that the decedent intended the writing to constitute: (A) The decedent's will; (B) A partial or complete revocation of the decedent's will; or (C) An addition to or an alteration of the decedent's will." (ORS 112.238(1))

Three limits follow from the text. The writing must be signed by the decedent (or by another person at the decedent's direction, signing both names). The proponent carries the clear-and-convincing burden. And because 112.235(4) says "writing" in 112.235 and 112.238 "does not include an electronic record, document or image," the cure does not reach an electronic document. The section also sets its own procedure for the petition, notice, written objections and hearing.

The current text of 112.238 reflects the 2025 amendment. Under section 6(2) of Oregon Laws 2025, chapter 34, the amendments to 112.235 and 112.238 "apply to a writing executed before, on or after the effective date of this 2025 Act [January 1, 2026], if the writing was executed by or at the direction of a decedent dying on or after the effective date of this 2025 Act." The 2025 amendments added the requirements that the writing was executed before the decedent's death and was signed by the decedent (or by another person at the decedent's direction, signing both names), and extended the 112.235(4) exclusion of electronic records from 112.235 alone to 112.238 as well. For a decedent who died before January 1, 2026, the earlier text applies: 112.238(1) required only that the proponent establish "by clear and convincing evidence that the decedent intended the writing to constitute" a will, a partial or complete revocation, or an addition or alteration, and 112.235(4) read "As used in this section," so its electronic-record exclusion applied only to section 112.235.

Does an Oregon will need to be notarized? Witness affidavits

No. Section 112.235 does not mention a notary. What Oregon offers instead of a classic self-proving affidavit is a witness-affidavit procedure at probate. Under ORS 113.055(1):

"Upon the ex parte review of a petition for the probate of a will, an affidavit of an attesting witness may be used instead of the personal presence of the witness in court. The witness may give evidence of the execution of the will by attaching the affidavit to the will or to a photographic or other facsimile copy of the will and may identify the signature of the testator and witnesses to the will by use of the will or the copy. ... The affidavit of the attesting witness may be made at or after the time of execution of the will."

The affidavit must be sworn. Oregon's unsworn-declaration law does not apply to "An oath required by ORS 113.055 (1)" (ORS 194.815(2)(e)). Chapters 112 and 113 contain no statutory form for the affidavit. An interested person may ask the court to require a witness to appear in person; ORS 113.055 sets that procedure and its timing. The probate process itself is covered on the Oregon probate page.

Are handwritten (holographic) wills valid in Oregon?

Not as a separate category. ORS 112.235 applies to every will "Except as provided in ORS 112.238," and it contains no exception for a will in the testator's handwriting, so a handwritten will needs two witnesses like any other. Chapter 112 has no holographic-will section.

A signed handwritten document that was never witnessed can be admitted only through the 112.238 cure described above, which requires clear and convincing evidence that the decedent intended it as a will. A handwritten will made validly in another state may also qualify under the choice-of-law rule in 112.255.

Are oral (nuncupative) wills valid?

No. Section 112.235 requires a will to be "in writing," and chapter 112 contains no section for oral wills. The 112.238 cure is limited to a "writing," so it cannot validate spoken words.

Electronic wills and remote witnessing

Electronic wills. Oregon has no electronic-will statute. Section 112.235(4) provides: "As used in this section and ORS 112.238, 'writing' does not include an electronic record, document or image." A will typed and signed only on a screen is therefore not a "writing" under the execution rule, or under the cure for decedents dying on or after January 1, 2026. (A separate list of household items and personal effects that a will refers to may be an electronic record under ORS 112.260; see the section on personal-property lists below.)

Remote witnessing. Oregon has a general statute, ORS 42.141, that lets witnesses take part through communication technology for many documents. It excludes wills:

"(b) Notwithstanding paragraph (a) of this subsection, this section does not apply to: (A) A notarial act performed by a notarial officer, as those terms are defined in ORS 194.215; (B) The witnessing of the execution of a will under ORS 112.232 or 112.235" (ORS 42.141(7)(b))

Section 42.141(8) adds: "Nothing in this section is intended to affect provisions of law regarding the execution of wills, including the application of ORS 112.238 to writings not executed in compliance with ORS 112.235." Oregon's remote-notarization statute (ORS 194.277) lets a notary in Oregon perform a notarial act for a remotely located individual, with an audiovisual recording; it governs notaries, not the witnesses required by 112.235.

Changing or revoking an Oregon will

Methods of revocation

A will may be revoked by a later will or by a physical act. Under ORS 112.285(2), "A will may be revoked by one or more physical acts by being burned, torn, canceled, obliterated or destroyed, with the intent and purpose of the testator of revoking the will, by the testator, or by another person at the direction of the testator and in the presence of the testator." Destruction by another person at the testator's direction and in the testator's presence "shall be proved by at least two witnesses."

Oregon does not allow piecemeal revocation by physical act. Under 112.285(3), "A partial revocation of a provision in a will by one or more physical acts as described in subsection (2) of this section is not a valid revocation." The same subsection adds that "clear and convincing evidence may show that the testator intended by the physical act or acts to revoke the entirety of the will." A person who wants to change part of a will does so by a new will or codicil.

Reviving a revoked will

Under ORS 112.295, "If a will or a part thereof has been revoked or is invalid, it can be revived only by a re-execution of the will or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference."

Marriage revokes an earlier will

In Oregon, a later marriage can revoke a will. Under ORS 112.305, "A will is revoked by the subsequent marriage of the testator if the testator is survived by a spouse, unless:"

1. "The will evidences an intent that it not be revoked by the subsequent marriage or was drafted under circumstances establishing that it was in contemplation of the marriage;"
2. "The testator and spouse entered into a written contract before the marriage that either makes provision for the spouse or provides that the spouse is to have no rights in the estate of the testator; or"
3. "The testator executed the will after entering into a registered domestic partnership under ORS 106.300 to 106.340 or a similar law in another state and the testator subsequently marries the domestic partner."

Divorce and annulment

Oregon treats wills, revocable trusts and beneficiary designations under three different statutes.

• Wills (ORS 112.315). "Unless a will evidences a different intent of the testator, the divorce or annulment of the marriage of the testator after the execution of the will revokes all provisions in the will in favor of the former spouse of the testator and any provision in the will naming the former spouse as personal representative, and the effect of the will is the same as though the former spouse did not survive the testator."
• Revocable trusts (ORS 130.535). "Unless otherwise provided by the terms of the trust instrument, a settlor's divorce or the annulment of the settlor's marriage, after the trust instrument is executed: (a) Revokes all provisions of the trust in favor of the former spouse of the settlor; (b) Revokes all powers of appointment, general or nongeneral, in the trust that are exercisable by the former spouse; and (c) Revokes any provision in the trust naming the former spouse as trustee." Under ORS 130.525(1), this rule applies only to a trust that comes into existence during the settlor's lifetime and is revocable when the divorce occurs.
• Beneficiary designations (ORS 107.121). This rule is not automatic. Under 107.121(1), "A judgment of dissolution, separation or annulment may revoke a designation of beneficiary made by a principal in favor of a spouse or a relative of the spouse if the designation of beneficiary is revocable as described in subsection (2) of this section." The revocation "becomes effective upon entry of the judgment" (107.121(4)). A designation is revocable for this purpose if the principal "at the time of the judgment may, by law or under the terms of the instrument, cancel or change the designation of beneficiary" (107.121(2)), and the rule reaches a designation in favor of the spouse or a relative of the spouse. Under ORS 107.118, the designations covered are those in a life insurance policy, or for an employee pension benefit plan under ERISA, a public or federal retirement system, a section 457 plan, an IRA, a section 403 annuity, or a payable-on-death financial account not jointly owned with the spouse, executed before the suit for dissolution, separation or annulment. A revoked designation takes effect as if the spouse or the spouse's relative had died first (ORS 107.124), and a payor that pays in good faith before receiving written notice of the revocation is not liable (ORS 107.127).

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans, even though ORS 107.118 lists ERISA plans (see the wills and trusts hub for the federal layer).

Limits on what an Oregon will can do

Spouse's elective share. Under ORS 114.605, a surviving spouse of a decedent domiciled in Oregon may elect a share of the augmented estate that depends on how long the two were married: "Less than 2 years 5% of the augmented estate" rising to "15 years or more 33% of the augmented estate." The election must be made "within nine months after the spouse dies" (ORS 114.610). The spouse's own property and transfers from the decedent count toward the share (ORS 114.615).

Children born after the will. ORS 112.405 governs a child born, adopted or conceived after the will who is neither provided for nor mentioned in it. One rule surprises many readers: under 112.405(2), "If a testator has one or more children living when the testator executes a will and no provision is made in the will for one or more of the living children, a pretermitted child shall not take a share of the estate of the testator disposed of by the will." The section sets different results for other family situations, and the intestate shares it refers to are explained on the Oregon probate page.

Gifts to relatives who die first. Under ORS 112.395, when a devisee "related by blood or adoption to the testator" dies before the testator "leaving lineal descendants, the descendants take by representation the property the devisee would have taken if the devisee had survived the testator, unless otherwise provided in the will of the testator."

No-contest clauses in wills. Oregon enforces them strictly. Under ORS 112.272(1), "an in terrorem clause in a will is valid and enforceable. If a devisee contests a will that contains an in terrorem clause that applies to the devisee, the court shall enforce the clause against the devisee even though the devisee establishes that there was probable cause for the contest." Under 112.272(2), the court "shall not enforce an in terrorem clause: (a) If the devisee contesting the will establishes that: (A) The devisee has probable cause to believe that the will is a forgery; (B) The will has been revoked; or (C) The will is invalid in whole or in part." The section lists further situations in which a clause is not enforced, such as objections to how the personal representative administers the estate and certain proceedings brought by fiduciaries or guardians ad litem.

No-contest clauses in trusts. A separate section applies to trusts. Under ORS 130.235(1), such a clause "in a trust is valid and enforceable," and the court enforces it "even though the beneficiary establishes that there was probable cause for the challenge." Under 130.235(2), the court "shall not enforce an in terrorem clause if the beneficiary challenging the trust establishes that the beneficiary has probable cause to believe that the trust is a forgery or that the trust has been revoked." Under 130.235(3), the clause also is not enforced against a challenge brought by a fiduciary acting for a protected person under ORS chapter 125 or by a guardian ad litem for a minor or for an incapacitated or financially incapable person. Unlike the will rule, the trust exceptions do not include a challenge showing the trust is invalid in whole or in part.

Community property from another state. Oregon's Uniform Disposition of Community Property Rights at Death Act (ORS 112.705 to 112.775) applies to personal property a married person acquired as, or that became and remained, community property under another jurisdiction's law (or acquired with, or traceable to, that property), and to Oregon real property acquired with the income or proceeds of, or in exchange for, such community property (ORS 112.715). Under ORS 112.735, when a married person dies, one-half of that property "is the property of the surviving spouse and is not subject to testamentary disposition by the decedent."

Slayers and abusers. Property that would pass to a slayer, or to an "abuser," passes as if that person had died first (ORS 112.465). The abuser rule applies "only if the decedent dies within five years after the abuser is convicted of a felony by reason of conduct that constitutes physical abuse of the decedent, as described in ORS 124.105, or financial abuse of the decedent, as described in ORS 124.110" (ORS 112.457).

Personal-property lists and keeping the original will

Lists of household items. Under ORS 112.260(1), "a will may refer to a writing that contains a statement or list disposing of household items, furniture, furnishings and personal effects. Money, property used in trade or business and items evidenced by documents or certificates of title may not be disposed of under this section." The list may be changed after the will is signed, and it may be an electronic record (112.260(5)).

Delivering the will after death. A custodian of a will "Shall deliver the will to a court having jurisdiction of the estate of the testator or to a personal representative named in the will within 30 days after the date of receiving information that the testator is dead" (ORS 112.810(1)(f)). A custodian may dispose of a will only under the conditions in ORS 112.815.

Revocable living trusts in Oregon

The trust code

Under ORS 130.001, "This chapter may be cited as the Oregon Uniform Trust Code." Oregon enacted it by Oregon Laws 2005, chapter 348, effective January 1, 2006, and under ORS 130.910(1)(a), "ORS chapter 130 applies to all trusts created before, on or after January 1, 2006," subject to that section's exceptions. A "revocable trust" is "a trust that can be revoked by the settlor without the consent of the trustee or a person holding an adverse interest" (ORS 130.010(16)).

Creating a trust

ORS 130.155 lists the elements of a valid trust: the settlor's capacity and intent, a definite beneficiary (or a permitted purpose), a trustee with duties, and that the same person is not both the sole trustee and the sole beneficiary. On form, ORS 130.180 provides: "Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument. The creation of an oral trust, and the terms of an oral trust, must be established by clear and convincing evidence."

Chapter 130 does not impose a witness or notary requirement on a revocable trust instrument.

Capacity and the settlor's control

Under ORS 130.500(1), "A person who has capacity to make a will has capacity to create, amend, revoke or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust." While a trust is revocable, the trustee's duties are owed to the settlor (ORS 130.510).

Revocable by default, and how to revoke or amend

Under ORS 130.505(1), "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor of the trust may revoke or amend the trust." That default has a date limit: under section 47 of Oregon Laws 2005, chapter 348, it "does not apply to a trust created under an instrument executed before the effective date of this 2005 Act [January 1, 2006]."

The method is in 130.505(3):

"(3) The settlor may revoke or amend a revocable trust: (a) By substantial compliance with a method provided in the terms of the trust; or (b) If the terms of the trust do not provide a method, by any other method, except for execution of a will or codicil, manifesting clear and convincing evidence of the settlor's intent." (ORS 130.505(3))

A will or codicil cannot be the "other method" under 130.505(3)(b).

For a trust created or funded by more than one settlor, unless the trust says otherwise, the part that is community property may be revoked by either spouse alone but amended only by both, and other property may be revoked or amended by each settlor as to the portion attributable to that settlor's contribution, with prompt notice from the trustee to the other settlors (ORS 130.505(2)). An agent under a power of attorney may exercise these powers only to the extent the trust expressly authorizes, and a conservator (or a guardian, if no conservator has been appointed) only with the approval of the supervising court (ORS 130.505(5), (6)).

A settlor's later marriage does not revoke a trust unless the trust instrument provides otherwise (ORS 130.530).

Creditors

Under ORS 130.315(1)(a), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors," with an exception for tenancy-by-the-entirety property conveyed under ORS 130.518. Under 130.315(1)(c), if a trust was revocable at the settlor's death, "the property of the trust becomes subject to creditors' claims as provided in ORS 130.350 to 130.450 when the settlor dies."

Certification of trust

A person dealing with a trustee may accept a certification of trust under ORS 130.860. Under 130.860(6), "A recipient of a certification of trust may not require the trustee to furnish the entire trust instrument, but may require the trustee to furnish copies of excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction."

After the settlor dies: notice and the contest deadline

Oregon's notice duty has no fixed day count. Under ORS 130.710(2)(c), "within a reasonable time after ... the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, the trustee shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument and of the right to a trustee's report." The duty applies to revocable trusts that become irrevocable on or after January 1, 2006.

The contest deadline is the earlier of two dates:

"(1) A person must commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death in the manner prescribed by ORS 12.020 within the earlier of: (a) Three years after the settlor's death; or (b) Four months after the trustee sends the person a copy of the trust instrument and notice informing the person of the trust's existence, of the trustee's name and address and of the time allowed for commencing a proceeding." (ORS 130.515(1))

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Under ORS 112.265(1), "A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust," when the section's conditions are met. Under 112.265(3), the devise "shall not be invalid because the trust: (a) Is amendable or revocable, or both; or (b) Was amended after the execution of the testator's will or after the death of the testator." The limit is in 112.265(5): "Unless the testator's will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise to lapse."

Oregon wills and trusts at a glance

Recent changes

• Oregon Laws 2025, chapter 34. Effective January 1, 2026, it amended ORS 112.238 to require that a writing saved under that section was executed before death and signed by the decedent (or by another at the decedent's direction), and amended ORS 112.235(4) so its exclusion of electronic records also applies to 112.238. The amendments apply to writings executed before, on or after that date if the decedent dies on or after January 1, 2026; for earlier deaths the older text applies (see the section on missed formalities). The witnessing rule in 112.235(1) was not changed.
• ORS 42.141 (Oregon Laws 2021, chapter 273). The remote-witnessing statute, which by its terms does not apply to wills.

Making a will in practice

The site's free Oregon will-maker tool can help draft a basic will. Whatever produces the document, signing must follow ORS 112.235, with two witnesses who see or hear the testator's act; the 112.238 cure is a court proceeding after death, not a substitute for proper signing. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Oregon. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub).

Related pages

• Wills and trusts laws by state
• Oregon probate
• Oregon small estate affidavit
• Oregon power of attorney laws

This article provides general legal information about Oregon law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oregon or the probate department of your county circuit court.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Oregon?

At least two. Under ORS 112.235, the testator signs, directs another to sign, or acknowledges an earlier signature in the presence of each witness, and each witness sees or hears that act and signs within a reasonable time before the testator's death.

Is a handwritten will valid in Oregon?

Only if it meets the two-witness rule in ORS 112.235; Oregon has no holographic-will exception. An unwitnessed handwritten will that the decedent signed may be treated as valid only if a court finds clear and convincing evidence of intent under ORS 112.238, or if it was valid under another state's law covered by ORS 112.255.

Does a will have to be notarized in Oregon?

No. ORS 112.235 does not require a notary. An attesting witness may sign a sworn affidavit, at or after the signing, that can be used at probate instead of the witness appearing in court (ORS 113.055).

Can I make an electronic will or use video witnesses in Oregon?

No. For will execution, a writing does not include an electronic record (ORS 112.235(4)), and Oregon's remote-witnessing statute does not apply to witnessing a will (ORS 42.141(7)(b)(B)).

Does getting married revoke a will in Oregon?

Yes, if the spouse survives the testator, unless the will shows it was meant to survive the marriage or was made in contemplation of it, a written premarital contract provides for or excludes the spouse, or the will was made after a registered domestic partnership with the same person (ORS 112.305).

Does divorce revoke a will in Oregon?

Divorce or annulment revokes the will's provisions for the former spouse, including naming the former spouse as personal representative, unless the will shows a different intent (ORS 112.315). Separate rules with their own conditions apply to revocable trusts and beneficiary designations; see the divorce section above.

Are no-contest clauses enforceable in Oregon?

Yes. Under ORS 112.272, a will's no-contest clause is enforced even if the contest had probable cause, unless the person shows probable cause to believe the will is forged, has been revoked or is invalid in whole or in part, or another exception in the section applies. Trust clauses follow ORS 130.235, whose exceptions are narrower.

Is a living trust revocable in Oregon?

Yes by default for a trust created under an instrument executed on or after January 1, 2006, unless its terms expressly make it irrevocable (ORS 130.505(1)). The settlor revokes or amends by the trust's own method or, if it has none, by any method other than a will or codicil showing clear and convincing evidence of intent.

How long do you have to contest a revocable trust in Oregon?

Under ORS 130.515, a contest must be filed by the earlier of three years after the settlor's death or four months after the trustee sends the person a copy of the trust instrument and the required notice.