How the 2025 Trust Code Changes Can Prevent (or Trigger) Litigation
In 2025, Oklahoma took a major step forward in trust law by adopting the Oklahoma Uniform Trust Code. This code brings clarity to a long list of trust concerns and modernizes trust administration, but it also means that those in charge of trusts must fully review these changes and know what their legal obligations and risks are. Depending on how changes are implemented with the help of an Oklahoma trust administration attorney, your litigation risk may increase or decrease.
Your choice of trust administration lawyer matters even more when it comes to significant legal changes. At Entz Burton & Associates, our experience with Oklahoma estate planning and trust law gives us the knowledge needed to help you navigate these changes. Attorney J. Michael Entz has been practicing in this area of law for over 30 years, so he knows exactly how major legal changes can affect clients. Call our trust administration law firm at 800-633-7230 to schedule a consultation now.
What You Need to Know About the Oklahoma Uniform Trust Code Adopted in 2025
The Oklahoma Uniform Trust Code is broadly applied to most trusts in Oklahoma, including many that were created before 2025. There’s a misconception that when a new law is rolled out, anything occurring before it is grandfathered in, but that isn’t the case with trusts. Even legacy trusts drafted under older laws are subject to these standards, which is why it’s important to discuss how your trusts may be affected with your trust administration attorney.
These legal changes affect many areas of trust management, including trustee duties, beneficiary rights, disclosure obligations, and dispute resolution.
Litigation Prevention and Best Practices
There are some major legal changes adopted with the UTC that can help protect you from litigation. There is a significant emphasis on trustee transparency, which gives beneficiaries the information they need to feel confident about how their assets are being handled. Trustees must provide clear, consistent updates to beneficiaries—including regular trust reports and important financial information. When handled correctly, this change can limit the risk of litigation. By providing this information before beneficiaries begin to feel left in the dark, trustees can loop them in and protect themselves from lawsuits.
The UTC also permits non-judicial settlement agreements as a way to settle trust-related issues without going to court. Parties can clarify ambiguities, modify administrative terms, and resolve certain disputes—as long as the outcome doesn’t violate a material purpose of the trust. Reducing litigation can minimize costs and preserve family relationships.
The Oklahoma UTC also sets out clearer standards for trustee conduct. In the code, you’ll find outlined fiduciary duties and standards of care. This makes the expectations for trustees crystal clear, allowing trustees to protect themselves from litigation by following the guidelines exactly as written.
The key, of course, is understanding and applying these new requirements. That’s where talking to a trust administration lawyer is so helpful.
Situations That May Trigger Litigation
While these changes can protect you from litigation in certain circumstances, they can also ramp up the risk of litigation in other circumstances. Increased transparency can limit disputes, but trustees who fail to meet reporting obligations can trigger litigation much more quickly. It doesn’t matter if they miss accountings or provide incomplete disclosures out of malice, inexperience, or not knowing that the requirements have changed—they are expected to know and follow the law.
The enforcement of no-contest clauses is more limited now. Beneficiaries can challenge trusts under different standards without necessarily forfeiting their interests. In certain situations, this can lower the barrier to litigation and result in unnecessary court cases.
Non-judicial modification options can keep every little disagreement from ending up in court, but disputes can still rise when parties disagree over whether non-judicial modification is appropriate for a specific change. If one party believes the change requires court approval, the issue may end up in front of a judge regardless.
Understanding how these changes affect your trust and a trustee’s role can help you prevent needless litigation and fulfill your obligations.
Find Out How Your Trust is Affected With Entz Burton & Associates
The team at Entz Burton & Associates is here to help you understand if and how your trust is affected by the new Oklahoma Uniform Trust Code. Set up a time to meet with our trust administration law firm by calling us at 800-633-7230 or contacting us online.
Attorney J. Michael Entz at Entz Burton & Associates is an experience lawyer in estate planning law, business formation and asset protection serving the families in Oklahoma City and Weatherford office.
