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Wisconsin Statutes Property (Ch. 700 to 710) § 701.0502. Spendthrift provision

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(1) A spendthrift provision is valid only if any of the following applies:

(a) The beneficiary is a person other than the settlor and is not treated as the settlor under s. 701.0505 (2).

(b) The trust is a trust for an individual with a disability.

(2) Subject to sub. (1), a term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, restrains both a 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 attach, garnish, execute on, or otherwise reach the interest or a distribution by the trustee before its receipt by the beneficiary.

(4) Real property or tangible personal property that is owned by the trust but that is made available for a beneficiary's occupancy or use in accordance with the trustee's authority under the trust instrument may not be considered to have been distributed by the trustee or received by the beneficiary for purposes of allowing a creditor or assignee of the beneficiary to reach the property.

Cite this article: - Wisconsin Statutes Property (Ch. 700 to 710) § 701.0502. Spendthrift provision - last updated January 01, 2018 |

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