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Illinois · Through at least Public Act 104-790

760 ILCS 3/502: Spendthrift provision.

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Where this section sits in the code
  1. CHAPTER 760 TRUSTS AND FIDUCIARIES
  2. Illinois Trust Code.

(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.

Collected 2026-09-15T04:46:44Z. Source file · JSON

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