Article on The Comments to the Uniform Voidable Transactions Act Relating to Self-Settled Spendthrift Trusts are Correct

Kenneth C. Kettering recently posted an Article entitled, The Comments to the Uniform Voidable Transactions Act Relating to Self-Settled Spendthrift Trusts are Correct, Wills, Trusts, & Estate Law eJournal (2017). Provided below is an abstract of the Article:

The comments to the Uniform Voidable Transactions Act (formerly named the Uniform Fraudulent Transfer Act), originally written in 1984, were refreshed in connection with the 2014 amendments. The comments make reference to the unanimous body of cases holding that a transfer by a debtor to a spendthrift trust for the debtor’s own benefit — i.e., an asset protection trust — is a fraudulent transfer. Vendors of asset protection trusts are seeking to suppress those comments. The arguments they advance for suppression of those comments have no merit at all.

Special thanks to Robert H. Sitkoff (John L. Gray Professor of Law, Harvard Law School) for bringing this article to my attention.