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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary's interest. This subsection does not apply to any trust the terms of which are included in an instrument executed before the effective date of this code.
(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 part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before receipt of the interest or distribution by the beneficiary.
(4) A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment.
Cite this article: FindLaw.com - Florida Statutes Title XLII. Estates and Trusts § 736.0502. Spendthrift provision - last updated January 01, 2023 | https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-736-0502/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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