New Jersey § 3B:31-36 Spendthrift provision.

New Jersey Statutes

§ 3B:31-36 — Spendthrift provision.

New Jersey § 3B:31-36

Title 3BADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

This text of New Jersey § 3B:31-36 (Spendthrift provision.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 3B:31-36 (2026).

Text

3B:31-36. 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 the 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.

d.A spendthrift provision is valid even though a beneficiary is named as the sole trustee or as a co-trustee o

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3B:31-36. 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 the 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. d. A spendthrift provision is valid even though a beneficiary is named as the sole trustee or as a co-trustee of the trust. e. A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment. L.2015, c.276, s.1.