Review of Reviews: The Trustee and the Spendthrift: The Argument Against Small Trust Termination

Review of Reviews: The Trustee and the Spendthrift: The Argument Against Small Trust Termination

Philip J. Ruce, “The Trustee and the Spendthrift: The Argument Against Small Trust Termination,” 48 Gonz. L. Rev. 163 (2012)

 

When a trust has life and remainder beneficiaries and contains a spendthrift provision that prevents a beneficiary, particularly the life beneficiary, from alienating her interest, an early termination of the trust by distribution of the assets to the life beneficiary thwarts the purpose of the spendthrift clause and eliminates the interest of the remainder beneficiary. Yet, trustees often promote early t

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