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HRS §554D-502

When a spendthrift trust protects a beneficiary's interest

A spendthrift provision only works if it blocks both giving away and forced taking of a beneficiary's share. If the trust says "spendthrift trust" or similar words, that counts. The beneficiary can't transfer the interest, and creditors can't grab it before the beneficiary actually receives it.

beneficiariescreditorstrustees

The statute, as written — 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 shall not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this part, a creditor or assignee of the beneficiary shall not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.