3B:31-38 Discretionary trusts; effect of standard.
   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.
 
   L.2015, c.276, s.1.