Okla. Stat. tit. 60, § 1209
Directed Trustee - Compliance, Noncompliance, Duty, Liability - Judicial Instruction
Effective Nov 1, 2024Laws 2024, HB 3962, c. 369, § 10, eff. November 1, 2024.
- A. Subject to subsection B of this section, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under paragraph 1 of subsection B of Section 7 of this act, and the trustee is not liable for the action.
- B. A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under paragraph 1 of subsection B of Section 7 of this act to the extent that by complying, the trustee would engage in willful misconduct.
C. An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
- 1. The breach involved the trustee's or other director's willful misconduct;
- 2. The release was induced by improper conduct of the trustee or other director in procuring the release; or
- 3. At the time of the release, the trust director did not know the material facts relating to the breach.
- D. A directed trustee that has reasonable doubt about its duty under this section may petition the district court for instructions.
- E. The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
Laws 2024, HB 3962, c. 369, § 10, eff. November 1, 2024.