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The Comments to the Uniform Voidable Transactions Act Relating to Self-Settled Spendthrift Trusts are Correct

Tax Management Estates, Gifts, and Trusts Journal, vol. 42, no. 5 (Sept./Oct. 2017), pp. 267-272

7 Pages Posted: 18 Sep 2017  

Kenneth C. Kettering

Visiting Professor at Large

Date Written: July 31, 2017

Abstract

The comments to the Uniform Voidable Transactions Act (formerly named the Uniform Fraudulent Transfer Act), originally written in 1984, were refreshed in connection with the 2014 amendments. The comments make reference to the unanimous body of cases holding that a transfer by a debtor to a spendthrift trust for the debtor’s own benefit — i.e., an asset protection trust — is a fraudulent transfer. Vendors of asset protection trusts are seeking to suppress those comments. The arguments they advance for suppression of those comments have no merit at all.

Keywords: fraudulent transfer, fraudulent conveyance, voidable transfer, Uniform Voidable Transactions Act, Uniform Fraudulent Transfer Act, asset protection trust, spendthrift trust

Suggested Citation

Kettering, Kenneth C., The Comments to the Uniform Voidable Transactions Act Relating to Self-Settled Spendthrift Trusts are Correct (July 31, 2017). Tax Management Estates, Gifts, and Trusts Journal, vol. 42, no. 5 (Sept./Oct. 2017), pp. 267-272. Available at SSRN: https://ssrn.com/abstract=3034508

Kenneth Kettering (Contact Author)

Visiting Professor at Large ( email )

14 Midhurst Road
Short Hills, NJ 07078
United States

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