There is a newer version of the Iowa Code
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
Disclaimer: These codes may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.