Limitations on creditors’ rights to discretionary distributions

A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to pay any amount that is payable only in the discretion of the trustee or trust director regardless of whether the discretion is expressed in the form of a standard of distribution, including, but not limited to, health, education, maintenance, and support, and whether such trustee or trust director is also a beneficiary. This Code section shall not apply to the extent of the proportion of trust property attributable to the beneficiary’s contribution. History. — Code 1981, § 53-12-81, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 12/HB 121; Ga. L. 2020, p. 377, § 1-78/HB 865. The 2020 amendment, effective January 1, 2021, in the first sentence of this Code section, inserted ‘‘or a trust director’’ following ‘‘compel the trustee’’, substi- tuted ‘‘discretion of the trustee or trust director’’ for ‘‘trustee’s discretion’’, and inserted ‘‘or trust director’’ following ‘‘such trustee’’.