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2020 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 7 - Utah Uniform Trust Code
Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts
Section 503 - Exceptions to spendthrift provision.
Universal Citation: UT Code § 75-7-503 (2020)
Effective 5/8/2018
75-7-503. Exceptions to spendthrift provision.
Amended by Chapter 116, 2018 General Session
75-7-503. Exceptions to spendthrift provision.
- (1) As used in this section:
- (a) "Child" includes any person for whom an order or judgment for child support has been entered in this or another state.
- (b) "Restitution" means the same as that term is defined in Section 77-38a-102.
- (c) "Victim" means the same as that term is defined in Section 77-38a-102.
- (2) Even if a trust contains a spendthrift provision, the following may obtain from a court an order attaching present or future distributions to the beneficiary:
- (a) a beneficiary's child who has a judgment or court order against the beneficiary for support or maintenance;
- (b) a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust; or
- (c) a victim who has a judgment requiring the beneficiary to pay restitution in accordance with Title 77, Chapter 38a, Crime Victims Restitution Act, or similar provision in another state.
- (3) A spendthrift provision is unenforceable against a claim of this state or the United States to the extent a statute of this state or federal law so provides.
Amended by Chapter 116, 2018 General Session
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