Okla. Stat. tit. 60, § 60-1608.13

This is the official text of Okla. Stat. tit. 60, § 60-1608.13, 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.

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Discretionary powers — Tax savings

Official statutory text

A. Notwithstanding the breadth of discretion granted to a

trustee in the terms of the trust, including the use of such terms

as "absolute", "sole", or "uncontrolled", the trustee shall exercise

a discretionary power in good faith and in accordance with the terms

and purposes of the trust and the interests of the beneficiaries.

B. Subject to subsection D of this section, and unless the

terms of the trust expressly indicate that a rule in this subsection

does not apply:

1. A person other than a settlor who is a beneficiary and

trustee of a trust that confers on the trustee a power to make

discretionary distributions to or for the trustee's personal benefit

may exercise the power only in accordance with an ascertainable

standard; and

2. A trustee may not exercise a power to make discretionary

distributions to satisfy a legal obligation of support that the

trustee personally owes another person.

C. A power whose exercise is limited or prohibited by

subsection B of this section may be exercised by a majority of the

remaining trustees whose exercise of the power is not so limited or

prohibited. If the power of all trustees is so limited or

Oklahoma Statutes - Title 60. Property Page 320

prohibited, the court may appoint a special fiduciary with authority

to exercise the power.

D. Subsection B of this section does not apply to:

1. A power held by the settlor's spouse who is the trustee of a

trust for which a marital deduction, as defined in Section

2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, as in

effect on the effective date of this act, or as later amended, was

previously allowed;

2. Any trust during any period that the trust may be revoked or

amended by its settlor; or

3. A trust if contributions to the trust qualify for the annual

exclusion under Section 2503(c) of the Internal Revenue Code of

1986, as in effect on the effective date of this act, or as later

amended.

E. If a distribution to a beneficiary is subject to the

exercise of the trustee’s discretion, whether or not the terms of a

trust include a standard to guide the trustee in making

distributions, then the interest is neither a property interest nor

an enforceable right, but a mere expectancy.

Status: in_force · Read it on the official government site

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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.