Common use of Spendthrift Clause Clause in Contracts

Spendthrift Clause. The interest of any Beneficiary of this Trust in the income and principal shall not be subject to claims of his or her creditors, or others, or be liable to attachment, execution, or other process or law and no Beneficiary shall have the right to encumber, hypothecate, or alienate his or her interest in any of the trust in any manner except as provided herein. Nor may a creditor compel a trustee to make a discretionary transfer to a beneficiary. Where the trustee is also a beneficiary, restraint on transfer is invalid against transferees or creditors of the Trustor. In no case shall a disclaimer by a beneficiary be considered a transfer to that Beneficiary.

Appears in 7 contracts

Samples: Revocable Living Trust Agreement, Revocable Living Trust Agreement, Revocable Living Trust Agreement

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Spendthrift Clause. The interest of any Beneficiary of this Trust in the income and principal shall not be subject to claims of his or her creditors, or others, or be liable to attachment, execution, or other process or law and no Beneficiary shall have the right to encumber, hypothecate, or alienate his or her interest in any of the trust in any manner except as provided herein. Nor may a creditor compel a trustee to make a discretionary transfer to a beneficiary. Where the trustee is also a beneficiary, restraint on transfer is invalid against transferees or creditors of the Trustortrustor. In no case shall a disclaimer by a beneficiary be considered a transfer to that Beneficiary.

Appears in 2 contracts

Samples: Revocable Living Trust Agreement, Revocable Living Trust Agreement

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