§36C-5-502. Spendthrift provision  


Latest version.
  • (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.)