Okla. Stat. tit. 60, § 60-175.103: Fiduciary duties - General principles
Where this section sits in the code
- OK Code
- Title 60
FIDUCIARY DUTIES; GENERAL PRINCIPLES
A. In allocating receipts and disbursements to or between
principal and income, and with respect to any matter within the
scope of Articles 2 and 3 of this act, a fiduciary:
1. Shall administer a trust or estate in accordance with the
terms of the trust or the will, even if there is a different
provision in this act;
2. May administer a trust or estate by the exercise of a
discretionary power of administration given to the fiduciary by the
terms of the trust or the will, even if the exercise of the power
produces a result different from a result required or permitted by
this act;
3. Shall administer a trust or estate in accordance with this
act if the terms of the trust or the will do not contain a different
provision or do not give the fiduciary a discretionary power of
administration; and
4. Shall add a receipt or charge a disbursement to principal to
the extent that the terms of the trust and this act do not provide a
rule for allocating the receipt or disbursement to or between
principal and income.
B. In exercising the power to adjust under subsection A of
Section 4 of this act or a discretionary power of administration
regarding a matter within the scope of this act, whether granted by
the terms of a trust, a will, or this act, a fiduciary shall
administer a trust or estate impartially, based on what is fair and
reasonable to all of the beneficiaries, except to the extent that
the terms of the trust or the will clearly manifest an intention
that the fiduciary shall or may favor one or more of the
beneficiaries. A determination in accordance with this act is
presumed to be fair and reasonable to all of the beneficiaries.
Collected 2026-09-14T18:32:36Z. Source file · JSON