To the extent a beneficiary’s interest is not protected by a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances. Whether or not a trust contains a spendthrift provision, the creditor of a beneficiary cannot exercise or compel the exercise of the beneficiary’s right to commerce, approve, or disapprove a proposed trust termination or modification under sections 19-1304.11 through 19-1304.16 , or trust combination or division under section 19-1304.17 .
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Uniform Law: This section is based upon § 501 of the Uniform Trust Code.
Structure District of Columbia Code
Title 19 - Descent, Distribution, and Trusts. [Enacted title]
Chapter 13 - Uniform Trust Code
Subchapter V - Creditor’s Claims; Spendthrift and Discretionary Trusts
§ 19–1305.01. Rights of beneficiary’s creditor or assignee
§ 19–1305.02. Spendthrift provision
§ 19–1305.03. Exceptions to spendthrift provision
§ 19–1305.04. Discretionary trusts; effect of standard [Reserved]
§ 19–1305.05. Creditor’s claim against settlor