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Minnesota · Through 2025 Minnesota Statutes

Minn. Stat. § 501C.0502: SPENDTHRIFT PROVISION.

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Where this section sits in the code
  1. PROPERTY AND PROPERTY INTERESTS
  2. CHAPTER 501C. TRUSTS
  3. SPENDTHRIFT TRUSTS; CREDITOR'S CLAIMS AND DISCRETIONARY TRUSTS

(a) A trust has a valid spendthrift provision if:

(1) the trust includes a provision that restricts both voluntary and involuntary transfers of a beneficiary's interest; or

(2) by the terms of the trust instrument, the settlor manifests an intention to impose restrictions on both voluntary and involuntary transfers 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 restrict both voluntary and involuntary transfers of the beneficiary's interest.

(c) For the purposes of this section, neither a valid disclaimer nor the exercise of a limited power of appointment is a voluntary transfer.

(d) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.

Collected 2026-09-02T22:10:48Z. Source file · JSON

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