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spendthrift clause

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spendthrift clause n. a provision in a trust or will that states that if a prospective beneficiary has pledged to turn over a gift he/she hopes to receive to a third party, the trustee or executor shall not honor such a pledge. The purpose is to prevent a "spendthrift" beneficiary from using a potential gift as security for credit on a speculative investment. Example: Junior Jones is talked into an investment in Florida swampland, but has no money in hand to pay for it. So he tells the developer he will soon receive $50,000 from his aunt's trust, and signs an assignment of the expected $50,000 to the developer. When the aunt dies, the trustee must ignore the developer's demand for payment based on the written assignment, but may pay the funds directly to Junior. (See: trust, will)



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8) Nonetheless, inclusion of a spendthrift clause in such a trust should provide some level of protection before the payments are received by the beneficiary.
The spendthrift clause is put in there by the person setting up the trust.
52) They further justify the enforcement of spendthrift provisions by concluding that creditors can avoid being defrauded, because they are able to determine if a trust beneficiary's interest is limited by a spendthrift clause prior to entering into a transaction.
 
 
 
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