Legal Definitions - Support Trust

A support trust is a type of trust that is created to provide financial support to a beneficiary. The trust contains a provision that directs the trustee to pay the beneficiary as much of the income and principal as is necessary for their education and support.

One important feature of a support trust is that the beneficiary's interest is protected from creditors to the extent necessary to support the "support" purpose of the trust. This means that if a creditor tries to make a claim on the beneficiary's interest in the trust, the attachment is void if it would jeopardize the support function of the trust.

Here are some examples of how a support trust might work:

• Example 1: John creates a support trust for his daughter, Sarah. The trust directs the trustee to pay Sarah as much of the income and principal as is necessary for her education and support. If Sarah gets into financial trouble and a creditor tries to make a claim on her interest in the trust, the attachment is void if it would jeopardize Sarah's ability to receive the financial support she needs.
• Example 2: Mary creates a support trust for her son, Tom. The trust directs the trustee to pay Tom as much of the income and principal as is necessary for his education and support. If Tom gets into financial trouble and a creditor tries to make a claim on his interest in the trust, the attachment is void if it would jeopardize Tom's ability to receive the financial support he needs.

In both examples, the support trust is created to provide financial support to a beneficiary (Sarah or Tom) for their education and support. The trust contains a provision that directs the trustee to pay the beneficiary as much of the income and principal as is necessary for their needs. If a creditor tries to make a claim on the beneficiary's interest in the trust, the attachment is void if it would jeopardize the beneficiary's ability to receive the financial support they need.