Wisconsin § 701.0502 Spendthrift provision.

Wisconsin Statutes

§ 701.0502 — Spendthrift provision.

Wisconsin § 701.0502

Ch. 701Trusts

Subch.subch. V of ch. 701 SUBCHAPTER V

CREDITOR’S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS

This text of Wisconsin § 701.0502 (Spendthrift provision.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 701.0502 (2026).

Text

701.0502 701.0502(1) (1) A spendthrift provision is valid only if any of the following applies: 701.0502(1)(a) (a) The beneficiary is a person other than the settlor and is not treated as the settlor under s. 701.0505 (2) . 701.0502(1)(b) (b) The trust is a trust for an individual with a disability. 701.0502(2) (2) Subject to sub.

(1), a term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, restrains both a voluntary and involuntary transfer of the beneficiary’s interest. 701.0502(3) (3) 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 attach, garnish, execute on

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701.0502
701.0502(1) (1) A spendthrift provision is valid only if any of the following applies:
701.0502(1)(a) (a) The beneficiary is a person other than the settlor and is not treated as the settlor under s. 701.0505 (2) .
701.0502(1)(b) (b) The trust is a trust for an individual with a disability.
701.0502(2) (2) Subject to sub. (1) , a term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, restrains both a voluntary and involuntary transfer of the beneficiary’s interest.
701.0502(3) (3) 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 attach, garnish, execute on, or otherwise reach the interest or a distribution by the trustee before its receipt by the beneficiary.
701.0502(4) (4) Real property or tangible personal property that is owned by the trust but that is made available for a beneficiary’s occupancy or use in accordance with the trustee’s authority under the trust instrument may not be considered to have been distributed by the trustee or received by the beneficiary for purposes of allowing a creditor or assignee of the beneficiary to reach the property.