{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-1608.13","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-1608.13","heading":"Discretionary powers — Tax savings","body":"A. Notwithstanding the breadth of discretion granted to a\n\ntrustee in the terms of the trust, including the use of such terms\n\nas \"absolute\", \"sole\", or \"uncontrolled\", the trustee shall exercise\n\na discretionary power in good faith and in accordance with the terms\n\nand purposes of the trust and the interests of the beneficiaries.\n\nB. Subject to subsection D of this section, and unless the\n\nterms of the trust expressly indicate that a rule in this subsection\n\ndoes not apply:\n\n1. A person other than a settlor who is a beneficiary and\n\ntrustee of a trust that confers on the trustee a power to make\n\ndiscretionary distributions to or for the trustee's personal benefit\n\nmay exercise the power only in accordance with an ascertainable\n\nstandard; and\n\n2. A trustee may not exercise a power to make discretionary\n\ndistributions to satisfy a legal obligation of support that the\n\ntrustee personally owes another person.\n\nC. A power whose exercise is limited or prohibited by\n\nsubsection B of this section may be exercised by a majority of the\n\nremaining trustees whose exercise of the power is not so limited or\n\nprohibited. If the power of all trustees is so limited or\n\nprohibited, the court may appoint a special fiduciary with authority\n\nto exercise the power.\n\nD. Subsection B of this section does not apply to:\n\n1. A power held by the settlor's spouse who is the trustee of a\n\ntrust for which a marital deduction, as defined in Section\n\n2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, as in\n\neffect on the effective date of this act, or as later amended, was\n\npreviously allowed;\n\n2. Any trust during any period that the trust may be revoked or\n\namended by its settlor; or\n\n3. A trust if contributions to the trust qualify for the annual\n\nexclusion under Section 2503(c) of the Internal Revenue Code of\n\n1986, as in effect on the effective date of this act, or as later\n\namended.\n\nE. If a distribution to a beneficiary is subject to the\n\nexercise of the trustee’s discretion, whether or not the terms of a\n\ntrust include a standard to guide the trustee in making\n\ndistributions, then the interest is neither a property interest nor\n\nan enforceable right, but a mere expectancy.","path":["OK Code","Title 60"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os60.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3784d2bc46cffb6ee107666b566e51bd931a3476b28811ac13800d321f82dbfd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-1608.12","next":"us-ok/okla.-stat.-tit.-60-60-1608.14"},"notice":"GroundRules: Original legal text. Not legal advice."}