Oklahoma § 60-1319 - Discretionary interests

§ 60-1319. Discretionary interests

A. The following provisions apply only to discretionary

interests:

1. A discretionary interest is neither a property interest nor

an enforceable right. It is a mere expectancy;

Oklahoma Statutes - Title 60. Property

2. No creditor may force a distribution with regard to a

discretionary interest. No creditor may require the trustee to

exercise the trustee's discretion to make a distribution with regard

to a discretionary interest; and

3. A court may review a trustee's distribution discretion only

if the trustee:

a.

acts dishonestly,

b.

acts with an improper motive, or

c.

fails, if under a duty to do so, to act.

B. A reasonableness standard may not be applied to the exercise

of discretion by the trustee with regard to a discretionary

interest. Other than for the circumstances listed in this section,

a court has no jurisdiction to review the trustee's discretion or to

force a distribution.

C. Absent express language to the contrary, in the event that

the distribution language in a discretionary interest permits

unequal distributions between beneficiaries or distributions to the

exclusion of other beneficiaries, the trustee may distribute all of

the accumulated, accrued, or undistributed income and principal to

one beneficiary in the trustee's discretion.

D. Regardless of whether a beneficiary has any outstanding

creditors, a trustee of a discretionary interest may directly pay

any expense on behalf of such beneficiary and may exhaust the income

and principal of the trust for the benefit of such beneficiary. No

trustee is liable to any creditor for paying the expenses of a

beneficiary of a discretionary interest.

Added by Laws 2024, c. 369, § 37, eff. Nov. 1, 2024.