Current through Public Act 103-1052
Section 760 ILCS 3/502 - 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. Added by P.A. 101-0048,§ 502, eff. 1/1/2020.