Does Oregon allow a tangible personal property memorandum?

Oregon appears to expressly allow a tangible personal property memorandum by statute. Specifically, 2017 Oregon § 112.260 states:

(1)Except as otherwise provided in a valid will, 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.

(2) To be admissible under this section as evidence of the intended disposition, the writing must:

(a) Be referred to in the testator’s will;

(b) Be signed by the testator; and

(c) Describe the household items, furniture, furnishings, personal effects and the devisees with reasonable certainty.

(3) A writing under this section may be referred to as a writing that is or will be in existence at the time of the testator’s death and may be prepared before or after the execution of the testator’s will.

(4) A writing under this section may be altered by the testator one or more times after the initial creation of the writing and may be a writing that has no significance apart from the writing’s effect on the dispositions made by the will.

(5) As used in this section, “writing” includes an electronic record, document or image.



Disclaimer: As estate planning is dependent on your specific situation and jurisdiction, you should contact an attorney to obtain advice regarding planning in your state. The above information is for informational purposes only.