P.R. Laws tit. 32, § 3353p

2019-02-20 00:00:00+00
§ 3353p. Attachment or execution of the beneficiary’s interest

The beneficiary’s creditors may attach or execute the beneficiary’s interest to satisfy claims against the beneficiary, unless:

(a) The trust property is non-attachable according to the law;

(b) the trustor provided for the prohibition of voluntary or involuntary alienation of the interest of a beneficiary who is entitled to receive the principal at a future date;

(c) the trust determines that the interest of the income beneficiary shall end if the beneficiary’s creditors attach or execute such interest or if the same is adjudicated in bankruptcy proceedings;

(d) the trust was created for a group of people as beneficiaries and the interest of each one is non-severable from the others;

(e) the terms of the trust provide that the trustee shall allocate portions of income or principal as are necessary for the education or support of the beneficiary;

(f) the interest of the beneficiary is a highly personal interest; or

(g) the trust has a spendthrift provision setting forth that the income beneficiary’s interest shall not be subject to voluntary or involuntary transfer, except in those circumstances and to the extent set forth in § 3353q of this title.

History —Aug. 31, 2012, No. 219, § 50.