{"data":{"id":"us-ar/ark.-code-ann.-28-73-504","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 28-73-504","heading":"Discretionary trusts - Effect of standard","body":"(a) Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) the discretion is expressed in the form of a standard of distribution; or (2) the trustee has abused the discretion. (b) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution. Under § 28-73-814(a) , a trustee must always exercise a discretionary power in good faith and with regard to the purposes of the trust and the interests of the beneficiaries. (c) A creditor may not reach the interest of a beneficiary who is also a trustee or cotrustee, or otherwise compel a distribution, if the trustee's discretion to make distributions for the trustee's own benefit is limited by an ascertainable standard. Acts 2005, No. 1031, § 1.\n\n(a) Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) the discretion is expressed in the form of a standard of distribution; or (2) the trustee has abused the discretion.\n\n(1) the discretion is expressed in the form of a standard of distribution; or\n\n(2) the trustee has abused the discretion.\n\n(b) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution. Under § 28-73-814(a) , a trustee must always exercise a discretionary power in good faith and with regard to the purposes of the trust and the interests of the beneficiaries.\n\n(c) A creditor may not reach the interest of a beneficiary who is also a trustee or cotrustee, or otherwise compel a distribution, if the trustee's discretion to make distributions for the trustee's own benefit is limited by an ascertainable standard.","path":["AR Code","Title 28","Chapter 73","Subchapter 5"],"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":"7197044f8034d549a93108447e856de622e2f692c316f02b5572220c0e99035b","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-28-73-502","next":"us-ar/ark.-code-ann.-28-73-505"},"notice":"GroundRules: Original legal text. Not legal advice."}