reglab/housing_qa huggingface dataset:
TN Code § 35-15-410 (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|§ 35-15-410. Modification or Termination of Trust — Proceedings for Approval or Disapproval

  In addition to the methods of termination prescribed by §§ 35-15-411 — 35-15-414, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful or impossible to achieve.   A proceeding to approve or disapprove a proposed modification or termination under §§ 35-15-411 — 35-15-416, or trust combination or division under § 35-15-417, may be commenced by a trustee or beneficiary. The settlor of a charitable trust may maintain a proceeding to modify the trust under § 35-15-413.   Nothing in this section or this chapter is intended to create or imply a duty for a trustee to make or seek approval of a modification, termination, combination or division, and a trustee is not liable for not making or seeking approval of a modification, termination, combination or division.   No modification, termination, combination or division may be made pursuant to §§ 35-15-411 — 35-15-417 that:  Results in the trust not qualifying for the federal or state marital or charitable income, gift, estate or inheritance tax deduction if the trust would qualify but for the modification, termination, combination or division;   Results in the trust being subject to the federal or state generation-skipping transfer tax if the trust would not be subject to the generation-skipping transfer tax but for the modification, termination, combination or division; or   Results in an overall increase in federal or state estate, inheritance, gift or generation-skipping transfer taxes.
TN Code § 35-15-412 (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|§ 35-15-412. Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively

  The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.   The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.   Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
TN Code § 35-15-413 (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|§ 35-15-413. Cy Pres

  Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, obsolete or ineffective:  The trust does not fail, in whole or in part;   The trust property does not revert to the settlor or the settlor’s successors in interest; and   The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner that fulfills as nearly as possible the settlor’s charitable intent and purposes.     A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect:  The trust property is to revert to the settlor and the settlor is still living; or   Fewer than twenty-one (21) years have elapsed since the date of the trust’s creation.
TN Code § 35-15-414 (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|§ 35-15-414. Modification or Termination of Uneconomic Trust

  After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having either a total value less than one hundred thousand dollars ($100,000) or for which the trustee's annual fee for administering the trust, as set forth in the trustee's published fee schedule, is five percent (5%) or more of the market value of the principal assets of the trust as of the last day of the preceding trust accounting year or the present market value of the principal assets of the trust if there is no applicable trust accounting for a preceding year may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.   The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.   Upon the termination of a trust under this section, the trustee shall distribute the trust property to or for the benefit of the beneficiaries, in such shares as the trustee, or the court if a court proceeding, determines, after taking into account the interests of income and remainder beneficiaries so as to conform as nearly as possible to the intention of the settlor, but a trust that qualified for the marital deduction for tax purposes shall only be distributed to the spouse of the settlor for whom the trust was created.   This section does not apply to an easement for conservation or preservation.   This section shall not limit the right of a trustee, acting alone, to terminate a trust in accordance with applicable provisions of the governing instrument.
TN Code § 35-15-415 (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|§ 35-15-415. Reformation to Correct Mistakes

 The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
TN Code § 35-15-416 (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|§ 35-15-416. Modification to Achieve Settlor's Tax Objectives

 To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.
TN Code § 35-15-417 (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|§ 35-15-417. Combination and Division of Trusts

 After notice to the qualified beneficiaries, a trustee may combine two (2) or more trusts into a single trust or divide a trust into two (2) or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect the achievement of the purposes of the trust. If the trusts to be combined or divided have different trustees, the trustees may negotiate the terms of the combined or divided trusts, including which trust or trusts will be the surviving trust or trusts, who will be the trustee or trustees of the surviving trust or trusts and any other matter relating to the operation of the surviving trust or trusts.
TN Code § 35-15-501 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 5 - Creditor's Claims — Mandatory, Support and Discretionary Interests — Effect of Spendthrift Provision|§ 35-15-501. Application; Rights of Beneficiary's Creditor or Assignee

 This part applies to a creditor's or assignee's claims and ability to reach mandatory, support and discretionary interests regardless of whether such interests are subject to a spendthrift provision. To the extent not otherwise prohibited by this part, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's distribution interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.
TN Code § 35-15-502 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 5 - Creditor's Claims — Mandatory, Support and Discretionary Interests — Effect of Spendthrift Provision|§ 35-15-502. Spendthrift Provision

  A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.   A term of a trust providing that the interest of a beneficiary is held subject to a “spendthrift trust,” or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.   A spendthrift provision applies to all beneficial interests, including distribution interests and remainder interests.   A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and a creditor or assignee of the beneficiary may not reach any of, the interest, or a present, future or prospective distribution at the trust level. Similarly, no creditor or assignee of the beneficiary may force any distribution from the trust. This subsection (d) remains applicable regardless of the beneficiary's potential right to force a distribution under § 35-15-814.   Notwithstanding any other provision of this section to the contrary, regardless of whether a beneficiary has any outstanding creditor, a trustee, cotrustee or other fiduciary of a trust subject to a spendthrift provision may directly pay any expense on behalf of such beneficiary and may exhaust the income and principal of the trust for the benefit of such beneficiary. No trustee, cotrustee or other fiduciary is liable to any creditor for paying the expenses of a beneficiary under a trust subject to a spendthrift provision. This subsection (e) remains applicable regardless of whether the beneficiary for whom such direct payment was made held a mandatory, support, discretionary or remainder interest.
TN Code § 35-15-503 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 5 - Creditor's Claims — Mandatory, Support and Discretionary Interests — Effect of Spendthrift Provision|§ 35-15-503. Exceptions to Spendthift Provision

 A spendthrift provision is unenforceable against a claim of this state to the extent a statute of this state so provides.
TN Code § 35-15-504 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 5 - Creditor's Claims — Mandatory, Support and Discretionary Interests — Effect of Spendthrift Provision|§ 35-15-504. Discretionary Interests — Effect Thereof

  A discretionary interest is neither a property interest nor an enforceable right; it is a mere expectancy.   Relative to a discretionary interest, whether or not a trust contains a spendthrift provision:  No creditor or assignee shall force or otherwise reach a distribution with regard to a discretionary interest;   No creditor or assignee shall require a trustee, cotrustee or other fiduciary to exercise the trustee's, cotrustee's or other fiduciary's discretion to make a distribution with regard to a discretionary interest;   Regardless of whether a beneficiary has any outstanding creditors or assignees, a trustee, cotrustee or other fiduciary of a discretionary interest may directly pay any expense on behalf of such beneficiary and may exhaust the income and principal of the trust for the benefit of such beneficiary;   No trustee, cotrustee or other fiduciary is liable to any creditor or assignee for paying the expenses of a beneficiary of a discretionary interest;    Regardless of whether a beneficiary holding a discretionary interest is also a trustee, cotrustee or other fiduciary, subdivisions (b)(1)-(4) remain applicable if:   The beneficiary-fiduciary does not have the discretion to make or participate in making distributions to such beneficiary-fiduciary;   The beneficiary-fiduciary's discretion to make or participate in making distributions to such beneficiary-fiduciary is limited by an ascertainable standard; or   The beneficiary-fiduciary's discretion to make or participate in making distributions to such beneficiary-fiduciary is exercisable only with the consent of a cotrustee or another person holding an adverse interest.     A creditor or assignee may compel or otherwise reach a distribution only to the extent the creditor or assignee may compel or otherwise reach a distribution if the beneficiary was not acting as a trustee, cotrustee or other fiduciary.
TN Code § 35-15-506 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 5 - Creditor's Claims — Mandatory, Support and Discretionary Interests — Effect of Spendthrift Provision|§ 35-15-506. Distributions Relative to Support, Mandatory and Certain Remainder Interests

  Relative to a support interest, whether or not a trust contains a spendthrift provision:  Although a beneficiary of a support interest has enforceable rights under § 35-15-814, those rights do not raise the beneficiary's support interest to the level of a property interest;   No creditor or assignee shall reach that support interest until a distribution from the support interest is actually made to the beneficiary;   After all or a portion of a support interest is distributed to the beneficiary, no portion of the distribution made from the support interest shall be reached by a creditor or assignee of the beneficiary except to the extent that the distribution made from the support interest exceeds the amount necessary for the health, education, maintenance and support of the beneficiary who received the distribution made from the support interest;   In the case of a beneficiary who holds a support interest, the use or enjoyment of property belonging to the trust by that beneficiary shall not be transferred and shall not be reached by creditors or assignees of that beneficiary;   Regardless of whether a beneficiary has any outstanding creditors or assignees, a trustee or other fiduciary of a support interest may directly pay any expense on behalf of such beneficiary and may exhaust the income and principal of the trust for the benefit of such beneficiary; and   No trustee or other fiduciary is liable to any creditor or assignee for paying the expenses of a beneficiary of a support interest.     Relative to a mandatory interest, whether or not a trust contains a spendthrift provision:  While a court may order a trustee or other fiduciary to distribute a past due mandatory distribution to its beneficiary, no court shall order a trustee or other fiduciary to distribute such past due mandatory distribution directly to a creditor or assignee;   Regardless of whether a beneficiary has any outstanding creditors or assignees, a trustee or other fiduciary of a mandatory interest may directly pay any expense on behalf of such beneficiary and may exhaust the income and principal of the trust for the benefit of such beneficiary;   No trustee or other fiduciary is liable to any creditor or assignee for paying the expenses of a beneficiary of a mandatory interest.     Although a remainder interest may be an enforceable right, where it is not absolutely certain based on the language of the trust that the remainder interest will be distributed within one (1) year, it shall not be classified as a property interest. This subsection (c) does not affect eligibility for any public assistance program administered by the department of human services.
TN Code § 35-15-507 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 5 - Creditor's Claims — Mandatory, Support and Discretionary Interests — Effect of Spendthrift Provision|§ 35-15-507. Personal Obligations of Trustee

 Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
TN Code § 35-15-508 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 5 - Creditor's Claims — Mandatory, Support and Discretionary Interests — Effect of Spendthrift Provision|§ 35-15-508. Removal or Replacement Power Over Trustee or Other Fiduciary Not Reachable by Holder's Creditors — Interests of Beneficiary Who Is Also a Trustee or Other Fiduciary Not Reachable

  No creditor or assignee of a beneficiary shall have the power to reach an interest of a beneficiary or any other person who holds an unconditional or conditional removal or replacement power over a trustee or other fiduciary. Such power over a trustee or other fiduciary is personal to the holder and shall not be exercised by the holder's creditors. No court shall direct a holder to exercise the power.   Subject to § 35-15-504(b)(3):  No creditor or assignee of a beneficiary may reach an interest of a beneficiary who is also a trustee, cotrustee or other fiduciary, or otherwise compel a distribution because the beneficiary is then serving as a trustee, cotrustee or other fiduciary; and   No court may foreclose against a beneficiary's interest described in subdivision (b)(1).
TN Code § 35-15-601 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 6 - Revocable Trusts|§ 35-15-601. Capacity of Settlor of Revocable Trust — Form of Execution for Post-Death Disposition

 The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. To be effective as a post death disposition of property transferred during the transferor's life or by the transferor's will to a trust of which the transferor is the settlor or deemed to be the settlor, neither a revocable nor irrevocable trust existing on or executed after July 1, 2004, has to be executed with the formalities of a will.
TN Code § 35-15-602 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 6 - Revocable Trusts|§ 35-15-602. Revocation or Amendment of Revocable Trust

  Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection (a) does not apply to a trust created under an instrument executed before July 1, 2004.   If a revocable trust is created or funded by more than one (1) settlor:  To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;   To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and   At the death of one (1) settlor, each surviving settlor shall have the right to revoke the trust as to that surviving settlor's portion of the trust as determined by the type of property in accordance with subdivisions (b)(1) and (b)(2).     The settlor may revoke or amend a revocable trust:  By substantial compliance with a method provided in the terms of the trust; or   If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by:  A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or   Any other method manifesting clear and convincing evidence of the settlor's intent.       Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. However, with respect to community property under subdivision (b)(1), the trustee shall deliver the property one-half (½) to each spouse unless the governing instrument specifically states otherwise.   A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.   A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only if the trust instrument specifically grants to the conservator or guardian the power to revoke or amend the trust or distribute trust property.   A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
TN Code § 35-15-603 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 6 - Revocable Trusts|§ 35-15-603. Settlor's Powers — Powers of Withdrawal

  While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.   If a revocable trust has more than one (1) settlor, the duties of the trustee are owed to all of the settlors having capacity to revoke the trust.   During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
TN Code § 35-15-604 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 15 - Tennessee Uniform Trust Code|Part 6 - Revocable Trusts|§ 35-15-604. Limitation on Action Contesting Validity of Revocable Trust — Distribution of Trust Property

  A person may commence a judicial proceeding to contest the validity of a trust that was revocable immediately preceding the settlor's death within the earlier of:  Two (2) years after the settlor's death; or   One hundred twenty (120) days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.     Upon the death of the settlor of a trust that was revocable immediately preceding the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is subject to liability for doing so if:  The trustee knows of a pending judicial proceeding contesting the validity of the trust; or   A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty (60) days after the contestant sent the notification.     A beneficiary of a trust that is determined by a court proceeding to be invalid is liable to return to the court any distribution received for proper distribution. If the beneficiary refuses to return the distribution after being ordered by the court, the beneficiary shall be liable for all costs incurred for recovery of the distribution.