Arizona Statutes

§ 14-10502 — Spendthrift provision

Arizona·Title 14 Arizona Revised Statutes·Ch. 11 ARIZONA TRUST CODE·Art. 5 Creditors' Claims; Spendthrift and Discretionary Trusts
A.A spendthrift provision is valid only if it restrains either voluntary or 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 attach, garnish, execute on or otherwise reach the interest or a distribution by the trustee before its receipt by the beneficiary.

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Related

Weinstein v. Weinstein
326 P.3d 307 (Court of Appeals of Arizona, 2014)
38 case citations
In Re Indenture of Trust Dated January 13, 1964
(Court of Appeals of Arizona, 2014)

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