Section 15304 Of Chapter 2. Restrictions On Voluntary And Involuntary Transfers From California Probate Code >> Division 9. >> Part 2. >> Chapter 2.
15304
. (a) If the settlor is a beneficiary of a trust created by
the settlor and the settlor's interest is subject to a provision
restraining the voluntary or involuntary transfer of the settlor's
interest, the restraint is invalid against transferees or creditors
of the settlor. The invalidity of the restraint on transfer does not
affect the validity of the trust.
(b) If the settlor is the beneficiary of a trust created by the
settlor and the trust instrument provides that the trustee shall pay
income or principal or both for the education or support of the
beneficiary or gives the trustee discretion to determine the amount
of income or principal or both to be paid to or for the benefit of
the settlor, a transferee or creditor of the settlor may reach the
maximum amount that the trustee could pay to or for the benefit of
the settlor under the trust instrument, not exceeding the amount of
the settlor's proportionate contribution to the trust.