How does a spendthrift provision work?

A spendthrift trust puts restrictions on the beneficiary’s access to trust principal. Essentially, the beneficiary cannot access the trust principal, or promise it to anyone else. Instead of having direct access to trust property, the beneficiary receives benefit from the trust through the trustee named in the trust.

Can a revocable trust have a spendthrift?

A spendthrift trust can be revocable or irrevocable in nature. A revocable trust is one that can be changed or modified by the grantor. On the other hand, an irrevocable spendthrift trust cannot be changed.

Are spendthrift trusts legal?

The statutes of many states recognize spendthrift trusts, and say that spendthrift provisions are valid to prevent both “voluntary and involuntary” transfers of the beneficiary’s interest in the trust. In other words, the beneficiary can’t spend or pledge the trust money, and creditors can’t seize it.

What is a provision in a trust?

Incentive provisions simply authorize the distribution of trust assets to a beneficiary upon the beneficiary attaining a certain milestone. A new trust may be drafted, or provisions can be added to an existing trust, to promote certain behavior by the trust beneficiaries.

What are the benefits of a spendthrift trust?

One of the best benefits of a spendthrift trust is that you have complete control over what happens to your assets after you die. On the other hand, if you fail to create a trust, your assets will go through the probate process.

Does a spendthrift provision allow a trustee to?

In any of these situations, a spendthrift trust allows the trustee to provide for the beneficiary from the trust, without risking that the trust principal will be wasted by misuse, drugs, gambling, a misguided relationship, or excessive debt. The trustee plays a key role in the administration of a special needs trust.

Do you need a spendthrift trust?

As mentioned, a spendthrift trust might be a wise choice if you want to leave money or assets to someone whom you suspect might spend the funds unwisely or who is subject to creditors. But spendthrift trusts can be useful in other situations as well.

How does a spendthrift trust work?

A spendthrift trust works by placing restrictions on a beneficiary’s access to the trust principal. Basically, beneficiaries are not allowed to access the principal themselves and they cannot promise the funds to a third party.