Laws of North Carolina (Last Updated: May 12, 2015) |
Chapter36C. North Carolina Uniform Trust Code. |
Article5. Creditors' Claims; Spendthrift and Discretionary Trusts |
§36C-5-502. Spendthrift provision
Latest version.
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(a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.
(b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust", or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.
(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this Article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
(2005-192, s. 2.)