§ 501. Rights of beneficiary’s creditor or assignee
To the extent a beneficiary’s interest is not protected by a spendthrift provision,
the Probate Division of the Superior Court may authorize a creditor or assignee of
the beneficiary to reach the beneficiary’s interest by attachment of present or future
distributions to or for the benefit of the beneficiary or other means. The Probate
Division of the Superior Court may limit the award to such relief as is appropriate
under the circumstances. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)
§ 502. Spendthrift provision
(a) A spendthrift provision is valid only if it restrains both voluntary and involuntary
transfer of a beneficiary’s interest.
(b) A term of a trust providing that the interest of a beneficiary is held subject to
a “spendthrift trust,” or words of similar import, is sufficient to restrain both
voluntary and involuntary transfer of the beneficiary’s interest.
(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift
provision and, except as otherwise provided in this chapter, a creditor or assignee
of the beneficiary may not reach the interest or a distribution by the trustee before
its receipt by the beneficiary. (Added 2009, No. 20, § 1.)
§ 503. Exceptions to spendthrift provision
(a) In this section, “child” includes any person for whom an order or judgment for child
support has been entered in this or another state.
(b) A spendthrift provision is unenforceable against:
(1) a beneficiary’s child who has a judgment or court order against the beneficiary for
support or maintenance;
(2) a judgment creditor who has provided services for the protection of a beneficiary’s
interest in the trust; and
(3) a claim of this State or the United States to the extent a statute of this State or
federal law so provides.
(c) A claimant against which a spendthrift provision cannot be enforced may obtain from
a court an order attaching present or future distributions to or for the benefit of
the beneficiary. The court may limit the award to such relief as is appropriate under
the circumstances. (Added 2009, No. 20, § 1.)
§ 504. Discretionary trusts; effect of standard
(a) In this section, “child” includes any person for whom an order or judgment for child
support has been entered in this or another state.
(b) Except as otherwise provided in subsection (c) of this section, whether or not a trust
contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution
that is subject to the trustee’s discretion, even if:
(1) the discretion is expressed in the form of a standard of distribution; or
(2) the trustee has abused the discretion.
(c) To the extent a trustee has not complied with a standard of distribution or has abused
a discretion:
(1) a distribution may be ordered by the court to satisfy a judgment or court order against
the beneficiary for support or maintenance of the beneficiary’s child, spouse, or
former spouse; and
(2) the court shall direct the trustee to pay to the child, spouse, or former spouse such
amount as is equitable under the circumstances but not more than the amount the trustee
would have been required to distribute to or for the benefit of the beneficiary had
the trustee complied with the standard or not abused the discretion.
(d) This section does not limit the right of a beneficiary to maintain a judicial proceeding
against a trustee for an abuse of discretion or failure to comply with a standard
for distribution.
(e) If the trustee’s or cotrustee’s discretion to make distributions for the trustee’s
or cotrustee’s own benefit is limited by an ascertainable standard, a creditor may
not reach or compel distribution of the beneficial interest except to the extent the
interest would be subject to the creditor’s claim were the beneficiary not acting
as trustee or cotrustee. (Added 2009, No. 20, § 1; amended 2009, No. 92 (Adj. Sess.), § 7.)
§ 505. Creditor’s claim against settlor
(a) Whether or not the terms of a trust contain a spendthrift provision, the following
rules apply:
(1) During the lifetime of the settlor, the property of a revocable trust is subject to
claims of the settlor’s creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor’s benefit. If a trust
has more than one settlor, the amount the creditor or assignee of a particular settlor
may reach shall not exceed the settlor’s interest in the portion of the trust attributable
to that settlor’s contribution. This subdivision shall not apply to an irrevocable
“special needs trust” established for a disabled person as described in 42 U.S.C. § 1396p(d)(4) or similar federal law governing the transfer to such a trust.
(3) After the death of a settlor, and subject to the settlor’s right to direct the source
from which liabilities will be paid, the property of a trust that was revocable at
the settlor’s death is subject to claims of the settlor’s creditors, costs of administration
of the settlor’s estate, the expenses of the settlor’s funeral and disposal of remains,
and statutory allowances to a surviving spouse and children to the extent the settlor’s
probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.
(b) For purposes of this section:
(1) during the period the power may be exercised, the holder of a power of withdrawal
is treated in the same manner as the settlor of a revocable trust to the extent of
the property subject to the power; and
(2) upon the lapse, release, or waiver of the power, the holder is treated as the settlor
of the trust only to the extent the value of the property affected by the lapse, release,
or waiver exceeds the greater of the amount specified in § 2041(b)(2) or 2514(e) of the Internal Revenue Code of 1986, or § 2503(b) of the Internal Revenue Code of 1986, in each case as in effect on the effective date of this title.
(c)(1) Property held by spouses as tenants by the entirety that is conveyed to the spouses’
jointly or separately held revocable or irrevocable trusts, and any proceeds of the
sale or disposition of the property, shall be immune from the claims of the spouses’
separate creditors to the same extent as the property would have been if it had remained
held by the spouses as tenants by the entirety if the following apply:
(A) the spouses are married to each other;
(B) the property is held in the trust or trusts or has been deeded out of the trust to
the spouses as tenants by the entirety;
(C) if the trust is a joint trust, the trust may be revoked by either spouse acting alone
but may be amended only by action of both spouses;
(D) the property is the spouses’ property; and
(E)(i) both spouses are current beneficiaries of one joint trust that holds the entire property;
or
(ii) each spouse is a current beneficiary of a separate trust and the two separate trusts,
together, hold the entire property, whether or not other persons are also current
or future beneficiaries of the trust or trusts.
(2)(A) Property at any time held in a tenants by the entirety trust shall have the same immunity
from the claims of a separate creditor of either settlor as the property would have
if it were held outside the trust by the settlors as tenants by the entirety unless
otherwise provided in writing by the settlor or settlors who transferred the property
to the trust. The property shall be treated in all respects as tenants by the entirety
property, including for purposes of federal and state bankruptcy laws.
(B) Property held in a tenants by the entirety trust shall cease to receive immunity from
the claims of creditors upon the dissolution of the settlors’ marriage by a court.
(3) Except as otherwise provided in this title, on April 24, 2025:
(A) notwithstanding 1 V.S.A. § 214, this subsection (c) applies to all trusts created before, on, or after April 24,
2025 and to property held by spouses as tenants by the entirety that is conveyed before,
on, or after April 24, 2025;
(B) this subsection (c) applies to all judicial proceedings concerning trusts commenced
on or after April 24, 2025. (Added 2009, No. 20, § 1; amended 2025, No. 7, § 1, eff. April 24, 2025.)
§ 506. Overdue distribution
(a) In this section, “mandatory distribution” means a distribution of income or principal
which the trustee is required to make to a beneficiary under the terms of the trust,
including a distribution upon termination of the trust. The term does not include
a distribution subject to the exercise of the trustee’s discretion even if:
(1) the discretion is expressed in the form of a standard of distribution; or
(2) the terms of the trust authorizing a distribution couple language of discretion with
language of direction.
(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of
a beneficiary may reach a mandatory distribution of income or principal, including
a distribution upon termination of the trust, if the trustee has not made the distribution
to the beneficiary within a reasonable time after the designated distribution date. (Added 2009, No. 20, § 1.)
§ 507. Personal obligation of trustee
Trust property is not subject to personal obligations of the trustee, even if the
trustee becomes insolvent or bankrupt. (Added 2009, No. 20, § 1.)