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§ 44d-5-502 — West Virginia Law | CourtGPT
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  5. Article 5 - Creditor's Claims; Spendthrift and Discretionary Trusts§44d-5-501. Rights of Beneficiary's Creditor or Assignee/
  6. § 44d-5-502
West Virginia Legal Code

§ 44d-5-502

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(a) A spendthrift provision contained in a trust instrument is valid if it contains language substantially to the effect that it restrains both voluntary and involuntary transfers of a beneficiary's interest.(b) A term of a trust instrument 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.