reglab/housing_qa huggingface dataset:
TN Code § 35-15-106 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 1 - General Provisions and Definitions|§ 35-15-106. Law Supplemental to Chapter — Applicability of Certain Sections of Restatement of Trusts

  The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.   Notwithstanding subsection (a):  No provision in a trust directing or authorizing accumulation of trust income shall be invalid; and   The traditional common law distinction between a discretionary trust and a support trust and the dual judicial review standards related to this distinction shall be maintained. Unless specifically provided otherwise in this chapter, courts shall not consult, rely on or give any persuasive value to the Restatement (Third) of Trusts §§ 50, 56, 58, 59 or 60, nor any of the comments under such sections or related thereto, none of which have any force or effect relative to trusts governed by the laws of this state.
TN Code § 35-15-109 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 1 - General Provisions and Definitions|§ 35-15-109. Methods and Waiver of Notice

  Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.   Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.   Notice under this chapter or the sending of a document under this chapter may be waived by the person to be notified or sent the document.   Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
TN Code § 35-15-110 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 1 - General Provisions and Definitions|§ 35-15-110. Others Treated as Qualified Beneficiaries

  A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter, if the charitable organization, on the date the charitable organization's qualification is being determined, would be a qualified beneficiary under this chapter if such charitable organization were an individual beneficiary.   The attorney general and reporter has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state if all of the interests in the trust that are for a charitable purpose, in the aggregate, on the date the attorney general and reporter's qualification is being determined, would cause an individual beneficiary to be a qualified beneficiary under this chapter if all of such interests were for the benefit of an individual beneficiary instead of for charitable purposes.
TN Code § 35-15-111 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 1 - General Provisions and Definitions|§ 35-15-111. Nonjudicial Settlement Agreements

  Except as otherwise provided in subsection (b), the trustee and the qualified beneficiaries may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.   A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.   Matters that may be resolved by a nonjudicial settlement agreement include, but are not limited to:  The interpretation or construction of the terms of the trust;   The approval of a trustee's report or accounting;   Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;   The resignation or appointment of a trustee and the determination of a trustee's compensation;   Transfer of a trust's principal place of administration;   Liability of a trustee for an action relating to the trust;   The extent or waiver of bond of a trustee;   The governing law of the trust; and   The criteria for distribution to a beneficiary where the trustee is given discretion.     Any qualified beneficiary or trustee may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in part 3 of this chapter was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
TN Code § 35-15-112 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 1 - General Provisions and Definitions|§ 35-15-112. Rules of Construction

 The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
TN Code § 35-15-201 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 2 - Judicial Proceedings|§ 35-15-201. Role of Court in Administration of Trust

  The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.   A trust is not subject to continuing judicial supervision unless ordered by the court.   A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.
TN Code § 35-15-202 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 2 - Judicial Proceedings|§ 35-15-202. Jurisdiction Over Trustee and Beneficiary

  By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.   With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.   This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
TN Code § 35-15-203 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 2 - Judicial Proceedings|§ 35-15-203. Subject Matter Jurisdiction

 Chancery courts and other courts of record having probate jurisdiction:   To the exclusion of all other courts, have concurrent jurisdiction over proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust; and   Have concurrent jurisdiction with other courts of record in this state over other proceedings involving a trust.
TN Code § 35-15-204 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 2 - Judicial Proceedings|§ 35-15-204. Venue

  Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.   If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.
TN Code § 35-15-205 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 2 - Judicial Proceedings|§ 35-15-205. Petition for Final Accounting Upon Resignation or Removal of Trustee or Termination of Trust

  If the trustee resigns, is removed, or upon the full or partial termination of the trust, a qualified beneficiary or successor trustee may petition the court to require the trustee transferring or distributing the trust to appear before the court for a final accounting. However, a successor trustee shall not have any obligation to petition the court to require the final accounting. The trustee transferring or distributing the trust may also petition the court to approve a final accounting relieving the trustee from liability for the period of its administration. The final accounting period shall begin from the latest of:  The date of acceptance of the trusteeship by the trustee; or   The end of the period since an accounting was last approved by the court.     The petition shall set forth:  The name and address of the trustee;   The qualified beneficiaries of the trust; and   The period that the accounting covers.     The petition shall be served on each qualified beneficiary or their representative under part 3 of this chapter to the extent there is no material conflict of interest or on the trustee.   Upon review of the trustee's final accounting and after considering any objections thereto and any evidence presented, the court may approve the final accounting or enter judgment granting appropriate relief. If no objection to the petition is filed within the time allowed by law after service, or if the parties consent, the petition may be approved without notice, hearing, or further proceedings. The final judgment of the court shall be binding on all parties.   Upon approval of the petition, the trustee shall be relieved from liability for the period covered by the final accounting.   Costs and expenses, including reasonable attorney's fees of the trustee, shall be taxed against the trust, unless otherwise directed by the court.
TN Code § 35-15-301 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 3 - Representation|§ 35-15-301. Representation — Basic Effect

  Notice to a person who may represent and bind another person under this chapter has the same effect as if notice were given directly to the other person.   The consent of a person who may represent and bind another person under this chapter is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.   Except as otherwise provided in §§ 35-15-411 and 35-15-602, a person who under this chapter may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.   A settlor may not represent and bind a beneficiary under this chapter with respect to the termination or modification of a trust under § 35-15-411(a).
TN Code § 35-15-302 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 3 - Representation|§ 35-15-302. Representation by Holder of Power of Appointment — “General Power of Appointment” Defined

   To the extent there is no material conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. Notwithstanding this section to the contrary, the holder of any general power of appointment may, regardless of whether there is a material conflict of interest between the holder of such general power of appointment and the persons represented with respect to the particular question or dispute, represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to such power.   As used in this section, “general power of appointment” means a power, regardless of when exercisable, to appoint in favor of any one (1) or more of the following: such power holder, such power holder's creditors, such power holder's estate, and the creditors of the estate of such power holder.     Notwithstanding subsection (a) to the contrary, if the holder, under the terms of the governing instrument, may only exercise such general power of appointment with the consent of another person, then the written consent of such other person is required in order for the holder of the general power of appointment to represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
TN Code § 35-15-303 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 3 - Representation|§ 35-15-303. Representation by Fiduciaries and Parents

 To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:   A conservator may represent and bind the estate that the conservator controls;   A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed;   An agent having authority to act with respect to the particular question or dispute may represent and bind the principal;   A trustee may represent and bind the beneficiaries of the trust;   A personal representative of a decedent's estate may represent and bind persons interested in the estate;   A person may represent and bind the person's minor or unborn descendant if a guardian for the descendant has not been appointed;   A person designated by the settlor in the trust instrument or in a writing delivered to the trustee to represent the beneficiaries of the trust may represent and bind such beneficiaries; and   A person designated by the beneficiaries of the trust to represent them may represent and bind such beneficiaries.
TN Code § 35-15-304 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 3 - Representation|§ 35-15-304. Representation by Person Having Substantially Identical Interest

 Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no material conflict of interest between the representative and the person represented.
TN Code § 35-15-305 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 3 - Representation|§ 35-15-305. Appointment of Representative

  If the court determines that an interest is not represented under this chapter, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.   A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.   In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.
TN Code § 35-15-401 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-401. Methods of Creating Trust

 A trust may be created by:   The transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;   The declaration by the owner of property that the owner holds identifiable property as trustee;   The exercise of a power of appointment in favor of a trustee; or   A court pursuant to its statutory or equitable powers.
TN Code § 35-15-402 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-402. Requirements for Creation

  A trust is created only if:  The settlor has capacity to create a trust;   The settlor indicates an intention to create the trust;   The trust has a definite beneficiary or is:  A charitable trust;   A trust for the care of an animal, as provided in § 35-15-408; or   A trust for a noncharitable purpose, as provided in § 35-15-409;     The trustee has duties to perform; and   The same person is not the sole trustee and sole beneficiary.     A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.   A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.   A lifetime trust is valid as to any assets held by the trust to the extent the assets have been transferred to the trust. For purposes of this subsection (d):  Assets capable of registration, such as real estate, stocks, bonds, bank and brokerage accounts, and the like, are transferred to the trust through the recording of the deed or the completion of registration of the asset in the name of the trust or trustee. Assets that are capable of registration are not transferred to the trust through only a recital of assignment, holding, or receipt in the trust instrument; and   Assets not capable of registration, are transferred to the trust through a recital of assignment describing the asset with particularity in the trust instrument.
TN Code § 35-15-403 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-403. Trusts Created in Other Jurisdictions

 A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:   The settlor was domiciled, had a place of abode, or was a national;   A trustee was domiciled or had a place of business; or   Any trust property was located.
TN Code § 35-15-404 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-404. Trust Purposes

 A trust may be created only to the extent its purposes are lawful and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries as the interests of such beneficiaries are defined under the terms of the trust.
TN Code § 35-15-405 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-405. Charitable Purposes — Enforcement

  A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.   If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one (1) or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.   The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
TN Code § 35-15-406 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-406. Creation of Trust Induced by Fraud, Duress, or Undue Influence

 A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
TN Code § 35-15-407 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-407. Evidence of Oral Trust

 Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.
TN Code § 35-15-408 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-408. Trust for Care of Animal

  A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than ninety (90) years.   A trust authorized by this section may be enforced by any of the following who are appointed under the terms of a trust: a trustee, trust advisor, trust protector or other person or, if no person is so appointed, by a person appointed by the court. In addition, a person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.   Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.
TN Code § 35-15-409 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 4 - Creation, Validity, Modification, and Termination of Trust|§ 35-15-409. Noncharitable Trust Without Ascertainable Beneficiary

 Except as otherwise provided in § 35-15-408 or by another statute, the following rules apply:   A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than ninety (90) years;   A trust authorized by this section may be enforced by any of the following who are appointed under the terms of a trust: a trustee, trust advisor, trust protector or other person; or if no person is so appointed, by a person appointed by the court; and   Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.