(a) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary’s interest.
(b) 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.
(c) 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.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Uniform Law: This section is based upon § 502 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