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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 62-7-502: Spendthrift provision.

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Where this section sits in the code
  1. Title 62 - SOUTH CAROLINA PROBATE CODE
  2. ARTICLE 7 South Carolina Trust Code
  3. Part 5 Creditors' 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 2026-09-02T08:08:54Z. Source file · JSON

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