New Jersey § 3b:31-38
Full text of New Jersey New Jersey Statutes § 3b:31-38, with citation guidance and answers to common questions.
§ 3b:31-38.
Discretionary Trusts; Effect of Standard. a. Whether or not a trust contains a spendthrift provision, a creditor of a beneficiary
may not compel a distribution that is subject to the trustee's discretion, even if: (1) The discretion is expressed in the form of a standard of distribution; or (2) The trustee has abused the discretion. b. This section does not limit the right of a beneficiary to maintain a judicial proceeding
against a trustee for an abuse of discretion or failure to comply with a standard
for distribution. c. With respect to the powers set forth in section 1 of P.L.1996, c. 41 ( C.3B:11-4.1 ), the provisions of this section shall apply even though the beneficiary is the sole
trustee or a co-trustee of the trust.
Frequently Asked Questions About New Jersey § 3b:31-38
What does New Jersey Statutes § 3b:31-38 cover?
Section 3b:31-38 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 3b:31-38?
A common citation format is "New Jersey Statutes § 3b:31-38" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 3b:31-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.