Spendthrift Trusts and Public Policy: Economic and Cognitive Perspectives

Abstract

In Part I, I shall explore restraints against voluntary alienation: that is, restrictions on a beneficiary's right to terminate the arrangement-to take the money and run. In Part II, I shall proceed to restraints against involuntary alienation: that is, restrictions on creditors' rights to reach the trust corpus in order to satisfy their claims. Finally, in Part III, I take up the refinement of spendthrift trust doctrine: assuming the expediency of a general warrant to create spendthrift trusts, should lawmakers nonetheless carve out exceptions to their effectiveness?

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Spendthrift trusts, Government policy, Law & economics

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Authors

Adam J. Hirsch (Florida State University)

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