Arkansas § 28-72-705 Beneficiaries - Named in writing - Provision for support - Income

Arkansas Statutes

§ 28-72-705 — Beneficiaries - Named in writing - Provision for support - Income

Arkansas § 28-72-705

Title28

This text of Arkansas § 28-72-705 (Beneficiaries - Named in writing - Provision for support - Income) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 28-72-705 (2026).

Text

(a)The beneficiary of a spendthrift trust or domestic asset protection trust shall be named or clearly referred to in the document.

(b)No spouse, former spouse, child, or dependent shall be a beneficiary unless the person is named or clearly referred to as a beneficiary in the document.

(c)The provision for the beneficiary shall:

(1)Be for the support, education, maintenance, and benefit of the beneficiary alone;

(2)Be without reference to or limited by:

(A)The beneficiary's needs, station in life, or mode of life; or (B) The needs of any other person, regardless of whether the person is dependent upon the beneficiary; and (3) Extend to all of the income from the trust estate devoted for that purpose by the creator of the trust without exception or deduction other than for:

(A)Costs

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The beneficiary of a spendthrift trust or domestic asset protection trust shall be named or clearly referred to in the document. (b) No spouse, former spouse, child, or dependent shall be a beneficiary unless the person is named or clearly referred to as a beneficiary in the document. (c) The provision for the beneficiary shall: (1) Be for the support, education, maintenance, and benefit of the beneficiary alone; (2) Be without reference to or limited by: (A) The beneficiary's needs, station in life, or mode of life; or (B) The needs of any other person, regardless of whether the person is dependent upon the beneficiary; and (3) Extend to all of the income from the trust estate devoted for that purpose by the creator of the trust without exception or deduction other than for: (A) Costs or fees regularly earned, paid, or incurred by the trustee for the administration or protection of the trust estate; or (B) Taxes paid or incurred by: (i) The trust estate; or (ii) The interest of the beneficiary of the trust. (d) The existence of a spendthrift trust or domestic asset protection trust shall not depend on the beneficiary's: (1) Character; (2) Capacity or incapacity; or (3) Competency or incompetency.