2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.2302 - SPENDTHRIFT PROTECTION RECOGNIZED.

        633A.2302  SPENDTHRIFT PROTECTION RECOGNIZED.
         Except as otherwise provided in section 633A.2303:
         1.  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, assignment, and encumbrance of the beneficiary's interest.

         2.  A beneficiary shall not transfer, assign, or encumber an
      interest in a trust in violation of a valid spendthrift provision,
      and a creditor or assignee of the beneficiary of a spendthrift trust
      shall not reach the interest of the beneficiary or a distribution by
      the trustee before its receipt by the beneficiary.
         3.  Notwithstanding subsections 1 and 2, the interest of a
      beneficiary of a valid spendthrift trust may be reached to satisfy an
      enforceable claim against the beneficiary or the beneficiary's estate
      for either of the following:
         a.  Services or supplies for necessaries provided to or for
      the beneficiary.
         b.  Tax claims by the United States to the extent authorized
      by federal law or an applicable provision of the Code.  
         Section History: Recent Form
         99 Acts, ch 125, §23, 109
         C2001, §633.2302
         2004 Acts, ch 1015, §28; 2005 Acts, ch 38, §54
         CS2005, §633A.2302
         2008 Acts, ch 1119, §22

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