GroundRules
← Search the law
Montana · Through Montana Code Annotated 2025

72-38-502: Spendthrift provision.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
  2. CHAPTER 38. MONTANA UNIFORM TRUST CODE
  3. Part 5. Creditor's Claims -- Spendthrift and Discretionary Trusts

(1) A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.

(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 its receipt by the beneficiary.

Collected 2026-09-14T04:59:33Z. Source file · JSON

Browse this collection