Spendthrift provision

760 ILCS 3/502, under Creditor's Claims; Spendthrift and Discretionary Trusts.

760 ILCS 3/502

(760 ILCS 3/502)

    Sec. 502. Spendthrift provision.     (a) A spendthrift provision is valid only if it prohibits 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.

    (d) A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment.

(Source: P.A. 101-48, eff. 1-1-20.)