Which type of beneficiary is protected from creditors according to a spendthrift clause?

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A spendthrift clause is designed to protect the beneficiary's interest in a trust from creditors, preventing them from making claims against the beneficiary's portion of the trust assets. This protection is typically focused on beneficiaries who have a fixed interest in the trust, such as the primary beneficiary.

The primary beneficiary is the individual or entity intended to benefit directly from the trust's assets. Since a spendthrift clause aims to safeguard their financial interest from third-party claims, it provides them a layer of security against creditors who may wish to seize those assets to satisfy debts.

Contingent beneficiaries, while they may eventually receive benefits from the trust, do not have a guaranteed interest that is protected until certain conditions are met. Irrevocable beneficiaries have a fixed interest which cannot be changed, but they may not necessarily have the same protection from creditors unless the spendthrift clause explicitly includes them. Revocable beneficiaries have interests that can be modified or terminated by the grantor, and typically, those interests are vulnerable to creditors' claims.

In summary, because the spendthrift clause's purpose is to protect a beneficiary with a definitive claim to trust assets, it is the primary beneficiary who receives that creditor protection, making it the correct choice in this context.

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