Legal Question in Wills and Trusts in California

Can a settlor set up a trust provision that is discretionary as to the income they receive? I know they cannot set up a spendthrift provision in relation to themselves.

Asked on 6/25/10, 5:18 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You are wrong. An irrevokable trust can have a spendthrift provision as to the settlor even if they remain a beneficiary, and even if they are trustee. It is enforceable by any remainderman.

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Answered on 6/25/10, 10:51 pm


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