New Mexico § 46A-5-502 Spendthrift provision

New Mexico Statutes

§ 46A-5-502 — Spendthrift provision

New Mexico § 46A-5-502

Ch. 46AUniform Trust Code

Art. 5Creditor's Claims; Spendthrift and Discretionary

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Bluebook

N.M. Stat. Ann. § 46A-5-502 (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 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.

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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.