2022 Oklahoma Statutes
Title 60. Property
§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.

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.