{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-175.85","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-175.85","heading":"Spendthrift provision","body":"A. A spendthrift provision is valid if it restrains either the\n\nvoluntary or involuntary transfer of a beneficiary’s interest. If\n\nthe applicable trust instrument so provides, a spendthrift provision\n\nmay permit the voluntary transfer of an interest of a beneficiary\n\neven if the transfer is subject to the approval by the trustee if\n\nthe trustee is not also the transferring beneficiary. The trustee\n\nmay honor a transfer even if the transfer violates a spendthrift\n\nprovision. The trustee shall not be liable to either the\n\nbeneficiary or the assignee whether or not the trustee honors the\n\ntransfer.\n\nB. If a trust provides that the interest of a beneficiary is\n\nheld subject to a spendthrift provision, or words of similar import,\n\nit shall restrain both the voluntary or involuntary transfer of the\n\ninterest of the beneficiary.\n\nC. Except for an exception creditor of a support interest under\n\nparagraph 4 of Section 8 of this act, if a trust contains a\n\nspendthrift provision, a creditor or assignee of the beneficiary may\n\nnot reach an interest in a trust or a distribution by the trustee\n\nuntil such distribution is received by the beneficiary.\n\nD. A creditor shall wait until a distribution is received by a\n\nbeneficiary before attachment; provided, however, an exception\n\ncreditor may attach current and future distributions at the trust\n\nlevel.\n\nE. A spendthrift provision applies to both current distribution\n\ninterests, future distribution interests, and remainder interests.\n\nF. A power of appointment in any trust is personal in nature\n\nand cannot be attached or forced to be exercised by a creditor or a\n\ncourt regardless of the presence of a spendthrift provision. A\n\npower of appointment is not a property interest.\n\nG. A reserved power is not protected by a spendthrift\n\nprovision. If a reserved power does not constitute a power of\n\nwithdrawal for the settlor to withdraw income or principal, the\n\nholder of a reserved power may exercise the power in the sole and\n\nabsolute discretion of the holder unencumbered by any court.\n\nH. A spendthrift provision is a material provision of a trust.","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":"cbd262593cbbcbfc92107274372b3c4383c665b47ab7f385ac51e09c46a13729","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-175.84","next":"us-ok/okla.-stat.-tit.-60-60-175.86"},"notice":"GroundRules: Original legal text. Not legal advice."}