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Ark. Code Ann. § 28-73-502

Spendthrift provision

Known as the Arkansas Trust Code

The act spans §§ 28-73-1001 to 28-73-908 (103 sections).

Applied in 3 court decisions — leading case Wetzel v. Regions Bank (2011)

Most recently applied in G. Latta Bachelor v. Regions Bank (August 2011)

Acts 2005, No. 1031, § 1.

(1) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.

(2) 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.

(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 reach the interest or a distribution by the trustee before its receipt by the beneficiary.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.