Spendthrift Trusts and Hamilton Orders

Timothy J. Vitollo (J.D., 2006) has recently authored an article entitled Uniform Trust Code Section 503: Applying Hamilton Orders to Spendthrift Interests, 43 Real Prop. Tr. & Est. L. J. 169 (2008).

Here is a synopsis of his article:

This Article examines the exceptions to spendthrift trust protection for child support and alimony creditors and proposes extending this exception to involuntary tort creditors. The author posits that the best way to reconcile the competing policy objectives of effectuating the settlor’s right to dispose of his property as he chooses and those justifying exceptions to spendthrift protection is to remove all exceptions to spendthrift protection and to provide instead both support and tort creditors the ability to attach a spendthrift trust distribution, before it reaches the beneficiary, through the use of Hamilton orders.