{"data":{"id":"us-ar/ark.-code-ann.-28-72-705","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 28-72-705","heading":"Beneficiaries - Named in writing - Provision for support - Income","body":"(a) The beneficiary of a spendthrift trust or domestic asset protection trust shall be named or clearly referred to in the document. (b) No spouse, former spouse, child, or dependent shall be a beneficiary unless the person is named or clearly referred to as a beneficiary in the document. (c) The provision for the beneficiary shall: (1) Be for the support, education, maintenance, and benefit of the beneficiary alone; (2) Be without reference to or limited by: (A) The beneficiary's needs, station in life, or mode of life; or (B) The needs of any other person, regardless of whether the person is dependent upon the beneficiary; and (3) Extend to all of the income from the trust estate devoted for that purpose by the creator of the trust without exception or deduction other than for: (A) Costs or fees regularly earned, paid, or incurred by the trustee for the administration or protection of the trust estate; or (B) Taxes paid or incurred by: (i) The trust estate; or (ii) The interest of the beneficiary of the trust. (d) The existence of a spendthrift trust or domestic asset protection trust shall not depend on the beneficiary's: (1) Character; (2) Capacity or incapacity; or (3) Competency or incompetency. Added by Act 2023, No. 291,§ 1, eff. 8/1/2023.\n\n(a) The beneficiary of a spendthrift trust or domestic asset protection trust shall be named or clearly referred to in the document.\n\n(b) No spouse, former spouse, child, or dependent shall be a beneficiary unless the person is named or clearly referred to as a beneficiary in the document.\n\n(c) The provision for the beneficiary shall: (1) Be for the support, education, maintenance, and benefit of the beneficiary alone; (2) Be without reference to or limited by: (A) The beneficiary's needs, station in life, or mode of life; or (B) The needs of any other person, regardless of whether the person is dependent upon the beneficiary; and (3) Extend to all of the income from the trust estate devoted for that purpose by the creator of the trust without exception or deduction other than for: (A) Costs or fees regularly earned, paid, or incurred by the trustee for the administration or protection of the trust estate; or (B) Taxes paid or incurred by: (i) The trust estate; or (ii) The interest of the beneficiary of the trust.\n\n(1) Be for the support, education, maintenance, and benefit of the beneficiary alone;\n\n(2) Be without reference to or limited by: (A) The beneficiary's needs, station in life, or mode of life; or (B) The needs of any other person, regardless of whether the person is dependent upon the beneficiary; and\n\n(A) The beneficiary's needs, station in life, or mode of life; or\n\n(B) The needs of any other person, regardless of whether the person is dependent upon the beneficiary; and\n\n(3) Extend to all of the income from the trust estate devoted for that purpose by the creator of the trust without exception or deduction other than for: (A) Costs or fees regularly earned, paid, or incurred by the trustee for the administration or protection of the trust estate; or (B) Taxes paid or incurred by: (i) The trust estate; or (ii) The interest of the beneficiary of the trust.\n\n(A) Costs or fees regularly earned, paid, or incurred by the trustee for the administration or protection of the trust estate; or\n\n(B) Taxes paid or incurred by: (i) The trust estate; or (ii) The interest of the beneficiary of the trust.\n\n(i) The trust estate; or\n\n(ii) The interest of the beneficiary of the trust.\n\n(d) The existence of a spendthrift trust or domestic asset protection trust shall not depend on the beneficiary's: (1) Character; (2) Capacity or incapacity; or (3) Competency or incompetency.\n\n(1) Character;\n\n(2) Capacity or incapacity; or\n\n(3) Competency or incompetency.","path":["AR Code","Title 28","Chapter 72","Subchapter 7"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"d56834ddca052ffcb0a4e55db0022b660ec8f196a109dbb39f68e8c89b128ca9","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-28-72-704","next":"us-ar/ark.-code-ann.-28-72-706"},"notice":"GroundRules: Original legal text. Not legal advice."}