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New Mexico · Through 2024-04-26

46A-5-502: Spendthrift provision.

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Where this section sits in the code
  1. Chapter 46A - Uniform Trust Code
  2. ARTICLE 5 Creditor's Claims; Spendthrift and Discretionary Trusts

A. A spendthrift provision is valid only if it restrains 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.

Collected 2026-09-03T15:02:19Z. Source file · JSON

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