LegalFix
Sign In

Section 7743 - Exceptions to spendthrift provision - UTC 503

20 PA Cons Stat § 7743 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) (Reserved).

(b) Who may override.--A spendthrift provision is unenforceable against:

(1) a beneficiary's child who has a judgment or court order against the beneficiary for support or maintenance, to the extent of the beneficiary's interests in the income and principal of the trust;

(2) any other person who has a judgment or court order against the beneficiary for support or maintenance, to the extent of the beneficiary's interest in the trust's income;

(3) a judgment creditor who has provided services for the protection of the beneficiary's interest in the trust; and

(4) a claim of the United States or the Commonwealth to the extent Federal law or a statute of this Commonwealth provides.

(c) Remedy if unenforceable.--A claimant against whom a spendthrift provision cannot be enforced may obtain from a court an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to such relief as is appropriate under the circumstances.

(d) Definition.--As used in this section, the term "child" includes any person for whom an order or judgment for child support has been entered in this Commonwealth or another state.

Previous Section
Section 7742 - Spendthrift provision - UTC 502
Next Section
Section 7744 - Discretionary trusts; effect of standard - UTC 504