2014 North Carolina General Statutes
Chapter 36C - North Carolina Uniform Trust Code.
Article 5 - Creditors' Claims; Spendthrift and Discretionary Trusts.
§ 36C-5-502 - Spendthrift provision.

NC Gen Stat § 36C-5-502 (2014) What's This?

36C-5-502. Spendthrift provision.

(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.)


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