2017 Vermont Statutes
Title 14A - Trusts
Chapter 5 - Creditor's Claims; Spendthrift And Discretionary Trusts
§ 506 Overdue distribution
§ 506. Overdue distribution
(a) In this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if:
(1) the discretion is expressed in the form of a standard of distribution; or
(2) the terms of the trust authorizing a distribution couple language of discretion with language of direction.
(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date. (Added 2009, No. 20, § 1.)
