Oklahoma § 60-175.717 - Exceptions to power of distribution

§ 60-175.717. Exceptions to power of distribution

EXCEPTIONS TO POWER OF DISTRIBUTION

An authorized trustee shall not exercise a power to distribute

principal of a trust under Section 3 or 4 of this act to:

1. Reduce, limit or modify a beneficiary's current, vested

right to:

a.

receive a mandatory distribution of income or

principal,

b.

receive a mandatory annuity or unitrust interest,

c.

withdraw a percentage of the value of the trust, or

d.

withdraw a specified dollar amount from the trust;

2. Materially limit a trustee's fiduciary duty:

a.

under the terms of the trust, or

b.

in a manner that would be prohibited by the Oklahoma

Trust Act, Section 175.1 et seq. of Title 60 of the

Oklahoma Statutes, the Oklahoma Prudent Investor Act,

Section 175.60 et seq. of Title 60 of the Oklahoma

Statutes, the Oklahoma Principal and Income Act,

Section 175.101 et seq. of Title 60 of the Oklahoma

Statutes or the Oklahoma Charitable Fiduciary Act,

Section 301.1 et seq. of Title 60 of the Oklahoma

Statutes;

3. Decrease or indemnify against a trustee's liability or

exonerate a trustee from liability;

4. Add a provision exonerating a trustee for failure to

exercise reasonable care, diligence and prudence;

5. Eliminate a provision granting another person the right to

remove or replace the authorized trustee exercising the distribution

power under Section 3 or 4 of this act; or

6. Reduce, limit or modify in the second trust a perpetuities

provision included in the first trust, unless expressly permitted by

the terms of the first trust.

Added by Laws 2021, c. 268, § 17, eff. Nov. 1, 2021.