Wisconsin Statutes
Wis. Stat. § 701.0502 (2026)
Spendthrift provision
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
701.0502(1)(a)(a) The beneficiary is a person other than the settlor and is not treated as the settlor under s. 701.0505 (2).
701.0502(2)(2) Subject to sub. (1), a term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, restrains both a voluntary and involuntary transfer of the beneficiary’s interest.
701.0502(3)(3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this subchapter, a creditor or assignee of the beneficiary may not attach, garnish, execute on, or otherwise reach the interest or a distribution by the trustee before its receipt by the beneficiary.
701.0502(4)(4) Real property or tangible personal property that is owned by the trust but that is made available for a beneficiary’s occupancy or use in accordance with the trustee’s authority under the trust instrument may not be considered to have been distributed by the trustee or received by the beneficiary for purposes of allowing a creditor or assignee of the beneficiary to reach the property.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2020–2026 · leading case: Michael A. Luedke & Patricia G. Luedke (Bankr. E.D. Wis. 2020).
Michael A. Luedke & Patricia G. Luedke (Bankr. E.D. Wis. 2020). “Wis. Stat. § 701.0502 (1). Neither situation arises here.”
Greg Griswold v. Kathy Thompson (Wis. Ct. App. 2025). “0502(2) states that, subject to the provisions in § 701.0502(1), “a term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, restrains both a voluntary and involuntary transfer of the beneficiary’s interest.”
Christopher E. Maeder (Bankr. W.D. Wis. 2026). “See Wis. Stat. § 701.0502 (3) (a creditor may not reach a beneficiary’s interest in a spendthrift trust before “receipt by the beneficiary”); see also, e.”
Christopher E. Maeder (Bankr. W.D. Wis. 2026). “See Wis. Stat. § 701.0502 (3) (a creditor may not reach a beneficiary’s interest in a spendthrift trust before “receipt by the beneficiary”); see also, e.”
Wis. Stat. § 701.0502(1): 1 case
Greg Griswold v. Kathy Thompson (Wis. Ct. App. 2025). “0502(2) states that, subject to the provisions in § 701.0502(1), “a term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, restrains both a voluntary and involuntary transfer of the beneficiary’s interest.”
Wis. Stat. § 701.0502(2): 1 case
Greg Griswold v. Kathy Thompson (Wis. Ct. App. 2025). “0502(2) states that, subject to the provisions in § 701.0502(1), “a term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, restrains both a voluntary and involuntary transfer of the beneficiary’s interest.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.