UTC and Spendthrift and Discretionary Trusts

Professor Alan Newman (University of Akron School of Law) has recently published his article entitled Spendthrift and Discretionary Trusts: Alive and Well under the Uniform Trust Code, 40 Real Prop., Prob. & Tr. J. 567 (2005) [link requires ABA membership].

Here is the editors’ synopsis:

This Article explains how the creditors’ rights provisions in the Uniform Trust Code (“UTC”) treat issues surrounding spendthrift and discretionary trusts. The Article asserts that criticism directed toward the UTC’s creditors’ rights provisions is unwarranted, particularly in light of recent amendments to those provisions that clarify that the UTC will continue to allow the protections traditionally afforded by spendthrift and discretionary trusts.