Cal. Codes » Probate Code / DIVISION 9. TRUST LAW / PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS / CHAPTER 2. Restrictions on Voluntary and Involuntary Transfers
California Codes

Cal. Probate Code § 15302 (2026)

Restrictions on Voluntary and Involuntary Transfers

✓ current as of May 2026
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Except as provided in Sections 15304 to 15307, inclusive, if the trust instrument provides that the trustee shall pay income or principal or both for the education or support of a beneficiary, the beneficiary’s interest in income or principal or both under the trust, to the extent the income or principal or both is necessary for the education or support of the beneficiary, may not be transferred and is not subject to the enforcement of a money judgment until paid to the beneficiary.

Notes of Decisions
Cited in 3 cases, 2017–2020 · leading case: Todd Frealy v. Rick Reynolds, 867 F.3d 1119 (9th Cir. 2017).
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Todd Frealy v. Rick Reynolds, 867 F.3d 1119 (9th Cir. 2017). “3d at 629 ; Cal. Prob. Code § 15302 . The estate may also reach 25 percent of expected future payments from the spendthrift trust, reduced by the amount the beneficiary needs to support himself and his dependents.”
Husted v. Mepco Label Sys. (Bankr. E.D. Cal. 2020). “3d at 629 ; Cal. Prob. Code § 15302 . The estate may also reach 7 25 percent of expected future payments from the spendthrift trust, reduced by the amount the beneficiary needs to support himself and his dependents.”
ORourke v. The 2017 Mark Lamb Trust (Bankr. E.D. Wash. 2020). “Cal. Prob. Code § 15302 . 22. Finally, where a California trust contains a valid spendthrift provision, a creditor may reach a beneficiary’s future payments, but the creditor is limited to twenty-five percent of the beneficiary’s payment: (a) Notwithstanding a restraint on…”
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