Arkansas Statutes

§ 28-73-502 — Spendthrift provision

Arkansas § 28-73-502

This text of Arkansas § 28-73-502 (Spendthrift provision) 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. § 28-73-502 (2026).

Text

(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 subchapter, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.

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Related

G. Latta Bachelor v. Regions Bank
649 F.3d 831 (Eighth Circuit, 2011)
7 case citations
Wetzel v. Regions Bank (In Re Reagan)
433 B.R. 263 (W.D. Arkansas, 2010)
1 case citations

Legislative History

Acts 2005, No. 1031, § 1.

Nearby Sections

15
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Bluebook (online)
Arkansas § 28-73-502, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/28-73-502.