North Carolina General Statutes § 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.)

Sections:  Previous  36C-4B-2  36C-4B-3  36C-4B-4  36C-4B-5  36C-4B-6  36C-4B-7  36C-5-501  36C-5-502  36C-5-503  36C-5-504  36C-5-505  36C-5-506  36C-5-507  36C-5-508  36C-6-601  Next

Last modified: March 23, 2014