Oklahoma § 60-175.703 - Distribution to second trust - Trustee with full

§ 60-175.703. Distribution to second trust - Trustee with full

discretion.

DISTRIBUTION TO SECOND TRUST: TRUSTEE WITH FULL DISCRETION

A. An authorized trustee who has the full discretion to

distribute the principal or income of a trust may distribute all or

part of the principal of that trust in favor of a trustee of a

second trust for the benefit of one, more than one or all of the

current beneficiaries of the first trust and for the benefit of one,

more than one or all of the successor or presumptive remainder

beneficiaries of the first trust.

B. The authorized trustee may, in connection with the exercise

of a power of distribution under this section, grant a power of

appointment including a currently exercisable power of appointment,

in the second trust to one or more of the current beneficiaries of

the first trust who, at the time the power of appointment is

granted, is eligible to receive a distribution of principal under

the terms of the first trust.

C. If the authorized trustee grants a power of appointment to a

beneficiary under subsection B of this section, the class of

permissible appointees in whose favor the beneficiary may appoint

under that power may be broader or different than the current,

successor, and presumptive remainder beneficiaries of the first

trust.

D. If the beneficiaries of the first trust are described as a

class of persons, the beneficiaries of the second trust may include

one or more persons who become members of that class after the

distribution to the second trust.

Oklahoma Statutes - Title 60. Property

E. The authorized trustee shall exercise a power to distribute

under this section in good faith, in accordance with the terms and

purposes of the trust, and in the interests of the beneficiaries.

Added by Laws 2021, c. 268, § 3, eff. Nov. 1, 2021.