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Spendthrift & Creditors

Spendthrift clauses, creditor exceptions, tort vs. duty

Overview

Spendthrift clauses, creditor exceptions, tort vs. duty. This module covers 5 of The Law of Trusts casebook, with real case holdings, key principles, and practical problems.

Educational content from the casebook "The Law of Trusts" — rebranded under AKASHIC INTELLIGENCE / LOVELOVINGLIFE. This is legal education, not legal advice. Trust law varies by state. Always consult a qualified estate-planning attorney.

Key Cases (3)

Morrison v. Doyle

582 N.W.2d 237 · Issue: Implied spendthrift trust

Holding: No particular form of words is needed to create a spendthrift trust. The settlor's intent can be inferred from the totality of circumstances, including ascertainable standards like 'education, support, health, and maintenance.'

Drevenik v. Nardone

862 A.2d 635 · Issue: Child support and spendthrift trusts

Holding: Child support is a duty, not a debt. A spendthrift trust can be invaded to satisfy child support arrears, even though it cannot be reached by ordinary creditors.

Duvall v. McGee

826 A.2d 416 · Issue: Tort claims and spendthrift trusts

Holding: The majority rule: tort judgment creditors CANNOT reach spendthrift trusts. Only duties (support, taxes) override spendthrift protection, not debts (including tort judgments).

Practice Problems (2)

Spendthrift — Child Support

Scenario: A beneficiary owes child support arrears. Can the spendthrift trust be invaded?

Analysis: Yes — child support is a duty, not a debt. Courts universally allow invasion of spendthrift trusts for child support and alimony, even though ordinary creditors cannot reach them.

Spendthrift — Tort Claims

Scenario: A beneficiary commits a tort. Can the victim reach the spendthrift trust?

Analysis: Majority rule: No — tort creditors are treated as ordinary creditors. Minority (Mississippi, Sligh): Yes — public policy disfavors allowing tortfeasors to enjoy property without paying tort victims.

Deep Dive

Read the full chapter in The Law of Trusts, Made Plain