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Code · Illinois · Chapter 760 — TRUSTS AND FIDUCIARIES · Act 3

Sec. 502. Spendthrift provision.

131 words·~1 min read·/il/chapter-760/act-3/502

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Sec. 502. Spendthrift provision.
(a)A spendthrift provision is valid only if it prohibits 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 Article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
(d)A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment.
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