N.J.S.A. 3B:31-36 — Spendthrift provision.

3B:31-36 Spendthrift provision. 3B:31-36. Spendthrift Provision. a. A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. b. A term of the 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 spendthrift provision is valid even though a beneficiary is named as the sole trustee or as a co-trustee of the trust. e. A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment. L.2015, c.276, s.1.

This is the verbatim text of N.J.S.A. 3B:31-36, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.