Okla. Stat. tit. 60, § 60-175.17
This is the official text of Okla. Stat. tit. 60, § 60-175.17, 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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Cotrustees - Powers and liabilities
Official statutory text
Unless it is otherwise provided by the trust instrument, or an
amendment thereof, or by court order:
A. Any power vested in three or more trustees may be exercised
by a majority of the trustees; but no trustee who has not joined in
exercising a power shall be liable to the beneficiaries or to others
for the consequences of the exercise, nor shall a dissenting trustee
be liable for the consequences of an act in which the trustee joins
at the direction of the majority trustees, if the trustee expressed
his dissent in writing to any of the cotrustees at or before the
time of the joinder.
B. Where two or more trustees are appointed by will or a
voluntary trust to execute a trust and one or more of them die, the
survivor may execute the trust and may exercise the discretionary
powers given to the trustees jointly, unless the terms of the will
or agreement express a contrary opinion.
C. Any cotrustee may give a power of attorney to another
trustee or authorize a cotrustee to perform any act in the
administration of the trust, but the trustee giving a power of
attorney or authorizing an act to be performed by the cotrustee
shall have the same liability and responsibility as if the trustee
had performed the act done pursuant to the authorization.
D. Nothing in this section shall excuse a cotrustee from
liability for inactivity in the administration of the trust, nor for
failure to attempt to prevent a breach of trust.
E. Where two or more trustees, none of whom is the settlor,
have the power as trustees to make discretionary distributions of
either principal or income to or for the benefit of one of them, the
trustee beneficiary may only make such discretionary distributions
which provide for the health, education, or maintenance of the
trustee beneficiary or to support the trustee beneficiary in an
Oklahoma Statutes - Title 60. Property Page 56
accustomed manner of living. The provisions of this subsection
shall apply to any trust created under a document executed on or
before the effective date of this act unless:
1. The trust is revocable or amendable and the settlor revokes
or amends the trust at any time to provide otherwise; or
2. The trust is irrevocable and all parties in interest elect
affirmatively not to be subject to this subsection. Such election
must be made on or before the later of three (3) years after the
effective date of this act, or three (3) years after the date on
which the trust becomes irrevocable.
amendment thereof, or by court order:
A. Any power vested in three or more trustees may be exercised
by a majority of the trustees; but no trustee who has not joined in
exercising a power shall be liable to the beneficiaries or to others
for the consequences of the exercise, nor shall a dissenting trustee
be liable for the consequences of an act in which the trustee joins
at the direction of the majority trustees, if the trustee expressed
his dissent in writing to any of the cotrustees at or before the
time of the joinder.
B. Where two or more trustees are appointed by will or a
voluntary trust to execute a trust and one or more of them die, the
survivor may execute the trust and may exercise the discretionary
powers given to the trustees jointly, unless the terms of the will
or agreement express a contrary opinion.
C. Any cotrustee may give a power of attorney to another
trustee or authorize a cotrustee to perform any act in the
administration of the trust, but the trustee giving a power of
attorney or authorizing an act to be performed by the cotrustee
shall have the same liability and responsibility as if the trustee
had performed the act done pursuant to the authorization.
D. Nothing in this section shall excuse a cotrustee from
liability for inactivity in the administration of the trust, nor for
failure to attempt to prevent a breach of trust.
E. Where two or more trustees, none of whom is the settlor,
have the power as trustees to make discretionary distributions of
either principal or income to or for the benefit of one of them, the
trustee beneficiary may only make such discretionary distributions
which provide for the health, education, or maintenance of the
trustee beneficiary or to support the trustee beneficiary in an
Oklahoma Statutes - Title 60. Property Page 56
accustomed manner of living. The provisions of this subsection
shall apply to any trust created under a document executed on or
before the effective date of this act unless:
1. The trust is revocable or amendable and the settlor revokes
or amends the trust at any time to provide otherwise; or
2. The trust is irrevocable and all parties in interest elect
affirmatively not to be subject to this subsection. Such election
must be made on or before the later of three (3) years after the
effective date of this act, or three (3) years after the date on
which the trust becomes irrevocable.
Status: in_force · Read it on the official government site
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