§ 4-10-504 — Discretionary trusts; effect of standard

(a) Repealed By Laws 2007, Ch. 155, § 5.
(b) When the terms of the trust provide that the trustee
may only make discretionary distributions to a beneficiary,
whether or not the trust contains a spendthrift provision, a
creditor or assignee of the trust beneficiary, including a
creditor bringing a claim for forced heirship or legitime, may
not compel the trustee to distribute any income or principal, or
both, from the trust or reach or attach the interest of the
beneficiary unless and until a trust distribution is received by
the beneficiary, even if:
(i) The trustee has discretion to make distributions
for purposes stated in a standard of distribution;
(ii) The trustee has abused the discretion; or
(iii) The trustee makes distributions directly to
third parties for the benefit of the beneficiary in accordance
with the terms of the trust.
(c) Repealed By Laws 2007, Ch. 155, § 5.
(d) This section shall not limit the right of a
beneficiary to maintain a judicial proceeding against a trustee
for an abuse of discretion. However, a creditor or assignee of a
beneficiary may not maintain, or compel the beneficiary to
maintain, a proceeding on behalf of the beneficiary or the
creditor or assignee.
(e) Repealed By Laws 2007, Ch. 155, § 5.
(f) A discretionary trust created for the benefit of a
disabled person under W.S. 42-2-403(f)(i) and (ii) and 42 U.S.C.
1396p(d)(4)(A) and (C) shall have the protection of
discretionary trusts provided under this section and such
protection shall apply regardless of the date the trust was
created.
(g) Terms of a trust providing a trustee may make
discretionary distributions to a beneficiary, whether or not the
discretionary distributions are pursuant to a standard of
distribution, shall not create any property interest in the
beneficiary or any enforceable right to a distribution for the
beneficiary.