{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-175.25","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-175.25","heading":"Alienation of interest of beneficiary - Rights and","body":"remedies of creditors - Spendthrift trusts - Trustor's interest\n\nalienable and subject to claims of creditors.\n\nA. Any instrument creating a trust may provide by specific\n\nwords that the interest of any beneficiary in the income of the\n\ntrust shall not be subject to voluntary or involuntary alienation by\n\nsuch beneficiary. Subject to the following provisions of this\n\nsection, a direction to this effect shall be valid and enforceable.\n\nB. Notwithstanding a provision in the terms of a trust\n\nrestraining the alienation of the interest of a beneficiary, such\n\ninterest shall be entitled to be reached in the satisfaction of\n\nclaims to the following extent:\n\n1. All income due or to accrue in the future to the beneficiary\n\nshall be subject to enforceable claims under the laws of this state\n\nfor:\n\na. support of a husband, wife, or child of the\n\nbeneficiary,\n\nb. necessary services rendered or necessary supplies\n\nfurnished to the beneficiary, or\n\nc. a judgment based on any such claim under subparagraph\n\na or b; and\n\n2. In all cases not mentioned in paragraph 1 of this\n\nsubsection, all income due or to accrue in the future to the\n\nbeneficiary in excess of Twenty-five Thousand Dollars ($25,000.00)\n\nper calendar year shall be subject to garnishment by creditors of\n\nthe beneficiary and shall be fully alienable by the beneficiary.\n\nC. Where two or more creditors undertake to reach the interest\n\nof any beneficiary of a trust, pursuant to the provisions of this\n\nsection, they shall be subject to priority of payment in the order\n\nof the service of a notice of garnishment on the trustee. The\n\npendency of any attachment or garnishment shall not prevent the\n\nfiling of a further attachment or garnishment by the same or any\n\nother creditor.\n\nD. Where the beneficiary of any spendthrift trust is also the\n\nbeneficiary under any other spendthrift trust created or\n\nadministered either within or without this state, the aggregate\n\nincome payable under all such trusts to the beneficiary shall be\n\nconsidered together for the purpose of determining the rights of\n\ncreditors and assignees under this section.\n\nE. The right of any beneficiary of a trust to receive the\n\nprincipal of the trust or any part of it, presently or in the\n\nfuture, shall not be alienable and shall not be subject to the\n\nclaims of his creditors.\n\nF. Where the interest of the beneficiary of a trust is subject\n\nto the exercise of discretion by the trustee or by another, the\n\nprovisions of this act as to the rights of creditors and assignees\n\nshall apply with respect to any sums which the trustee or such other\n\nperson determines shall be paid to or for the beneficiary.\n\nG. A trust in which the interest of the beneficiary is subject\n\nto restraints on alienation as provided in this act may be called a\n\n\"spendthrift trust\" and a direction in any instrument creating a\n\ntrust that the interest of any beneficiary shall be held on or\n\nsubject to a spendthrift trust shall be sufficient to restrain the\n\nalienation of such interest to the extent provided in this act.\n\nH. Nothing in this act shall authorize a person to create a\n\nspendthrift trust or other inalienable interest for his own benefit.\n\nThe interest of the trustor as a beneficiary of any trust shall be\n\nfreely alienable and subject to the claims of his creditors.\n\nI. The provisions of this section may be enforced only by an\n\naction in a court of competent jurisdiction and the obligor\n\nbeneficiary shall be a party defendant in such action. The trustee\n\nshall not be required to recognize any of the obligations provided\n\nfor in this section or to withhold any income from the beneficiary\n\nuntil said trustee has been served with summons or garnishment\n\nsummons. Such action shall be governed by the rules of civil\n\nprocedure under the laws of this state.","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":"807ae42e9e57deb94c75fabb1219aa086d9d6194b6b104c0b2e42da8b7b31d51","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-175.24","next":"us-ok/okla.-stat.-tit.-60-60-175.3"},"notice":"GroundRules: Original legal text. Not legal advice."}