72-38-502: Spendthrift provision.
Where this section sits in the code
- TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
- CHAPTER 38. MONTANA UNIFORM TRUST CODE
- 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