Okla. Stat. tit. 60, § 60-175.88
This is the official text of Okla. Stat. tit. 60, § 60-175.88, 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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Applicable trust provisions for beneficiaries holding
Official statutory text
support interests.
The following provisions apply only to trusts with one or more
beneficiaries holding support interests:
1. The fact that a court would have exercised the distribution
power under a support interest differently than the trustee is not
Oklahoma Statutes - Title 60. Property Page 83
sufficient reason for interfering with the exercise of the
distribution power by the trustee. However, a court may review the
distribution discretion of a trustee if the trustee acts beyond the
bounds of reasonableness;
2. A support interest relies on spendthrift provisions for
protection of a beneficial interest as well as the additional
protection provided by protective or restrictive distribution
language under Section 10 of this act;
3. The only exception creditor under the Oklahoma Discretionary
and Special Needs Trust Act is a child of a beneficiary who has a
judgment or court order against the beneficiary for support;
4. As provided by the Oklahoma Discretionary and Special Needs
Trust Act, the sole and exclusive remedy of an exception creditor is
the attachment of the beneficiary’s support interest at the trust
level. The court may limit the amount subject to attachment as
appropriate under the circumstances to provide for the needs of the
beneficiary and the family of the beneficiary; and
5. A beneficiary holding a support interest has an enforceable
right to a distribution pursuant to a court review. This does not
raise the interest of the beneficiary to the level of a property
interest.
The following provisions apply only to trusts with one or more
beneficiaries holding support interests:
1. The fact that a court would have exercised the distribution
power under a support interest differently than the trustee is not
Oklahoma Statutes - Title 60. Property Page 83
sufficient reason for interfering with the exercise of the
distribution power by the trustee. However, a court may review the
distribution discretion of a trustee if the trustee acts beyond the
bounds of reasonableness;
2. A support interest relies on spendthrift provisions for
protection of a beneficial interest as well as the additional
protection provided by protective or restrictive distribution
language under Section 10 of this act;
3. The only exception creditor under the Oklahoma Discretionary
and Special Needs Trust Act is a child of a beneficiary who has a
judgment or court order against the beneficiary for support;
4. As provided by the Oklahoma Discretionary and Special Needs
Trust Act, the sole and exclusive remedy of an exception creditor is
the attachment of the beneficiary’s support interest at the trust
level. The court may limit the amount subject to attachment as
appropriate under the circumstances to provide for the needs of the
beneficiary and the family of the beneficiary; and
5. A beneficiary holding a support interest has an enforceable
right to a distribution pursuant to a court review. This does not
raise the interest of the beneficiary to the level of a property
interest.
Status: in_force · Read it on the official government site
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