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.
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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