Okla. Stat. tit. 60, § 60-175.57

A. A violation by a trustee of a duty the trustee owes a

beneficiary is a breach of trust.

B. To remedy a breach of trust that has occurred or may occur,

the court may:

1. Compel the trustee to perform the trustee's duties;

2. Enjoin the trustee from committing a breach of trust;

3. Compel the trustee to redress a breach of trust by payment

of money or otherwise;

4. Order a trustee to account;

5. Appoint a receiver or temporary trustee to take possession

of the trust property and administer the trust;

6. Suspend or remove the trustee;

7. Reduce or deny compensation to the trustee;

8. Subject to subsection I of this section, void an act of the

trustee, impose an equitable lien or a constructive trust on trust

property, or trace trust property wrongfully disposed of and recover

the property or its proceeds; or

9. Grant any other appropriate remedy.

C. A beneficiary may charge a trustee who commits a breach of

trust with the amount required to restore the value of the trust

property and trust distributions to what they would have been had

the breach not occurred, or, if greater, the profit that the trustee

made by reason of the breach.

D. In a judicial proceeding involving a trust, the court may in

its discretion, as justice and equity may require, award costs and

expenses, including reasonable attorney fees, to any party, to be

paid by another party or from the trust which is the subject of the

controversy.

E. 1. For purposes of this subsection, "accounting" means any

interim or final report or other statement provided by a trustee

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reflecting all transactions, receipts, and disbursements during the

reporting period and a list of assets as of the end of the period

covered by the report or statement.

2. For any trust that is before a district court under

subsection A of Section 175.23 of this title, the trustee may submit

an accounting and seek approval of the accounting by the court.

Such accounting and the final approval by a district court, whether

or not such accounting is contested, shall be conclusive against all

persons interested in the trust, and the trustee, absent fraud,

intentional misrepresentation, or material omission, shall be

released and discharged from any and all liability as to all matters

set forth in the accounting.

3. If a trust is not before a district court under subsection A

of Section 175.23 of this title and if no objection has been made by

a beneficiary who is an eligible distributee or permissible

distributee of the trust's income or principal within one hundred

eighty (180) days after a copy of the trustee's accounting has been

provided to such beneficiaries together with written notice of the

provisions of this section, the distribution beneficiary is deemed

to have approved such accounting of the trustee, and the trustee,

absent fraud, intentional misrepresentation, or material omission,

shall be released and discharged from any and all liability to all

beneficiaries of the trust as to all matters set forth in such

accounting.

4. If paragraphs 2 and 3 of this subsection do not apply,

absent fraud, intentional misrepresentation, or material omission,

an action to recover for breach of trust against a trustee who is a

resident of this state or who has its principal place of business in

this state, or an officer, director, or employee of such trustee may

be commenced only within two (2) years of a trustee's accounting for

the period of the breach. In the case of fraud, intentional

misrepresentation, or material omission, the limitation period shall

not commence until discovery of the breach of trust.

5. For the purpose of this subsection, a beneficiary is deemed

to have received a report or other statement:

a. in the case of an adult, if it is received by the

adult personally, or if the adult lacks capacity, if

it is received by the adult's conservator, guardian,
nal

misrepresentation, or material omission, the limitation period shall

not commence until discovery of the breach of trust.

5. For the purpose of this subsection, a beneficiary is deemed

to have received a report or other statement:

a. in the case of an adult, if it is received by the

adult personally, or if the adult lacks capacity, if

it is received by the adult's conservator, guardian,

or agent with authority, or

b. in the case of a minor, if it is received by the

minor's guardian or conservator or, if the minor does

not have a guardian or conservator, if it is received

by a parent of the minor who does not have a conflict

of interest.

6. Except as otherwise provided by the terms of a trust, while

the trust is revocable and the settlor has capacity to revoke, the

rights of the beneficiaries are held by, and the duties of the

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trustee are owed exclusively to, the settlor; the rights to be held

by and owed to the beneficiaries arise only upon the settlor's death

or incapacity. The trustee may follow a written direction of the

settlor, even if contrary to the terms of the trust. The holder of

a presently exercisable power of withdrawal or a testamentary

general power of appointment has the rights of a settlor of a

revocable trust under this section to the extent of the property

subject to the power.

F. 1. A term of the trust relieving a trustee of liability for

breach of trust is unenforceable to the extent that it:

a. relieves a trustee of liability for breach of trust

committed in bad faith or with reckless indifference

to the purposes of the trust or the interest of the

beneficiaries, or

b. was inserted as the result of an abuse by the trustee

of a fiduciary or confidential relationship to the

settlor.

2. An exculpatory term drafted by or on behalf of the trustee

is presumed to have been inserted as a result of an abuse of a

fiduciary or confidential relationship unless the trustee proves

that the exculpatory term is fair under the circumstances and that

its existence and contents were adequately communicated to the

settlor.

G. A beneficiary may not hold a trustee liable for a breach of

trust if the beneficiary, while having capacity, consented to the

conduct constituting the breach, released the trustee from liability

for the breach, or ratified the transaction constituting the breach,

unless:

1. The beneficiary at the time of the consent, release, or

ratification did not know of the beneficiary's rights and of the

material facts that the trustee knew, or with the exercise of

reasonable inquiry, the beneficiary should have known, and that the

trustee did not reasonably believe that the beneficiary knew; or

2. The consent, release, or ratification of the beneficiary was

induced by improper conduct of the trustee.

H. 1. Except as otherwise agreed, a trustee is not personally

liable on a contract properly entered into in the trustee's

fiduciary capacity in the course of administration of the trust if

the trustee in the contract discloses the fiduciary capacity.

2. A trustee is personally liable for obligations arising from

ownership or control of trust property, or for torts committed in

the course of administering a trust, only if the trustee is

personally at fault, whether negligently or intentionally.

3. A trustee who does not join in exercising a power held by

three or more trustees is not liable to third persons for the

consequences of the exercise of the power. A dissenting trustee who

joins in an action at the direction of the majority cotrustees is

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not liable to third persons for the action if the dissenting trustee

expressed the dissent in writing to any other cotrustee at or before

the time the action was taken.

4. A claim based on a contract entered into by a trustee in the

trustee's fiduciary capacity, on an obligation arising from
action at the direction of the majority cotrustees is

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not liable to third persons for the action if the dissenting trustee

expressed the dissent in writing to any other cotrustee at or before

the time the action was taken.

4. A claim based on a contract entered into by a trustee in the

trustee's fiduciary capacity, on an obligation arising from

ownership or control of trust property, or on a tort committed in

the course of administering a trust, may be asserted against the

trust in a judicial proceeding against the trustee in the trustee's

fiduciary capacity, whether or not the trustee is personally liable

on the claim.

I. 1. A person who in good faith assists a trustee or who in

good faith and for value deals with a trustee without knowledge that

the trustee is exceeding or improperly exercising the trustee's

powers is protected from liability as if the trustee properly

exercised the power.

2. Dealing in good faith with another person with knowledge

that the other person is a trustee does not place a third person on

notice to inquire into the extent of the trustee's powers or the

propriety of his or her exercise.

3. A person who in good faith deals with another person with

knowledge that the other person is a trustee is not solely on that

account placed on notice to inquire into the extent of the trustee's

powers or the propriety of his or her exercise or to see to the

proper application of assets of the trust paid or delivered to a

trustee.

4. A person who in good faith assists a former trustee or who

for value and in good faith deals with a former trustee without

knowledge that the person is no longer a trustee is protected from

liability as if the former trustee were still a trustee.

5. The protection provided by this section to persons assisting

or dealing with a trustee is secondary to that provided under

comparable provisions of other laws relating to commercial

transactions or to the transfer of securities by fiduciaries.