Okla. Stat. tit. 60, § 60-1319
This is the official text of Okla. Stat. tit. 60, § 60-1319, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Discretionary interests
Official statutory text
A. The following provisions apply only to discretionary
interests:
1. A discretionary interest is neither a property interest nor
an enforceable right. It is a mere expectancy;
Oklahoma Statutes - Title 60. Property Page 285
2. No creditor may force a distribution with regard to a
discretionary interest. No creditor may require the trustee to
exercise the trustee's discretion to make a distribution with regard
to a discretionary interest; and
3. A court may review a trustee's distribution discretion only
if the trustee:
a. acts dishonestly,
b. acts with an improper motive, or
c. fails, if under a duty to do so, to act.
B. A reasonableness standard may not be applied to the exercise
of discretion by the trustee with regard to a discretionary
interest. Other than for the circumstances listed in this section,
a court has no jurisdiction to review the trustee's discretion or to
force a distribution.
C. Absent express language to the contrary, in the event that
the distribution language in a discretionary interest permits
unequal distributions between beneficiaries or distributions to the
exclusion of other beneficiaries, the trustee may distribute all of
the accumulated, accrued, or undistributed income and principal to
one beneficiary in the trustee's discretion.
D. Regardless of whether a beneficiary has any outstanding
creditors, a trustee of a discretionary interest may directly pay
any expense on behalf of such beneficiary and may exhaust the income
and principal of the trust for the benefit of such beneficiary. No
trustee is liable to any creditor for paying the expenses of a
beneficiary of a discretionary interest.
interests:
1. A discretionary interest is neither a property interest nor
an enforceable right. It is a mere expectancy;
Oklahoma Statutes - Title 60. Property Page 285
2. No creditor may force a distribution with regard to a
discretionary interest. No creditor may require the trustee to
exercise the trustee's discretion to make a distribution with regard
to a discretionary interest; and
3. A court may review a trustee's distribution discretion only
if the trustee:
a. acts dishonestly,
b. acts with an improper motive, or
c. fails, if under a duty to do so, to act.
B. A reasonableness standard may not be applied to the exercise
of discretion by the trustee with regard to a discretionary
interest. Other than for the circumstances listed in this section,
a court has no jurisdiction to review the trustee's discretion or to
force a distribution.
C. Absent express language to the contrary, in the event that
the distribution language in a discretionary interest permits
unequal distributions between beneficiaries or distributions to the
exclusion of other beneficiaries, the trustee may distribute all of
the accumulated, accrued, or undistributed income and principal to
one beneficiary in the trustee's discretion.
D. Regardless of whether a beneficiary has any outstanding
creditors, a trustee of a discretionary interest may directly pay
any expense on behalf of such beneficiary and may exhaust the income
and principal of the trust for the benefit of such beneficiary. No
trustee is liable to any creditor for paying the expenses of a
beneficiary of a discretionary interest.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.