1. 1. Except as otherwise provided in section 456.5-503, 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. (1) the discretion is expressed in the form of a standard of distribution; or
   2. (2) the trustee has abused the discretion.
2. 2. 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.

(L. 2004 H.B. 1511)

Effective 1-1-05