LD 921
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Page 18 of 58 PUBLIC Law Chapter 618 Page 20 of 58
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LR 466
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assignee of the beneficiary to reach the beneficiary's interest by
attachment of present or future distributions to or for the benefit
of the beneficiary or other means. The court may limit the award to
such relief as is appropriate under the circumstances.

 
§502.__Spendthrift provision

 
1.__Restrains voluntary and involuntary transfers.__A
spendthrift provision is valid only if it restrains both
voluntary and involuntary transfer of a beneficiary's interest.

 
2.__Terminology.__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.

 
3.__No transfer by beneficiary; creditors and assignees.__A
beneficiary may not transfer an interest in a trust in violation
of a valid spendthrift provision and, except as otherwise
provided in this chapter, a creditor or assignee of the
beneficiary may not reach the interest or a distribution by the
trustee before its receipt by the beneficiary.

 
§503.__Exceptions to spendthrift provision

 
There are no exceptions to spendthrift provisions except as
provided in sections 504, 505 and 506.

 
§504.__Discretionary trusts; effect of standard

 
1.__Creditor may not compel distribution.__Whether or not a
trust contains a spendthrift provision, a creditor of a
beneficiary may not compel a distribution that is subject to the
trustee's discretion, even if:

 
A.__The discretion is expressed in the form of a standard of
distribution; or

 
B.__The trustee has abused the discretion.

 
2.__Right of beneficiary not limited.__This section does not
limit the right of a beneficiary to maintain a judicial
proceeding against a trustee for an abuse of discretion or
failure to comply with a standard for distribution.

 
§505.__Creditor's claim against settlor


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