- A. Except as otherwise provided in the terms of the trust, this act governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
B. The terms of a trust prevail over any provision of this act except:
- 1. The requirements for creating a trust;
- 2. Subject to the Oklahoma Uniform Directed Trust Act, Sections 1209, 1211, and 1212 of Title 60 of the Oklahoma Statutes, the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;
- 3. The requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
- 4. The power of the court to modify or terminate a trust under Sections 28 through 34 of this act;
- 5. The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Section 36 of this act;
- 6. The power of the court under Section 41 of this act to require, dispense with, or modify or terminate a bond;
- 7. The power of the court under subsection B of Section 47 of this act to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
- 8. The duty under paragraphs 2 and 3 of Section 60 of this act to notify qualified beneficiaries of an irrevocable trust who have attained twenty-five (25) years of age of the existence of the trust, of the identity of the trustee, and of their right to request trustee's reports;
- 9. The duty under subsection A of Section 60 of this act to respond to the request of a qualified beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of a trust;
- 10. The rights under Sections 68 through 71 of this act of a person other than a trustee or beneficiary;
- 11. Periods of limitation for commencing a judicial proceeding;
- 12. The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
- 13. The subject matter jurisdiction of the court and venue for commencing a proceeding as provided in Section 14 of this act.
Laws 2025, HB 1850, c. 254, § 5, eff. November 1, 2025.