2023 Tennessee Code › Title 35 - FIDUCIARIES AND TRUST ESTATES (§§ 35-1-101 — 35-50-125) › Chapter 15 - TENNESSEE UNIFORM TRUST CODE (§§ 35-15-101 — 35-15-1301) › Part 7 - OFFICE OF TRUSTEE (§§ 35-15-701 — 35-15-716) › Section 35-15-716 - Appointment of successor trustees - Applicability of trust provisions - Excluded fiduciaries

(a)
The power to appoint a successor trustee under a trust instrument includes the power to appoint multiple successor trustees, trust protectors, and trust advisors. An exercisable power to remove and replace a trustee under a trust instrument includes the power to appoint additional trustees, trust protectors, and trust advisors to serve with an existing trustee. The power to appoint multiple successor trustees and additional trustees, trust protectors, and trust advisors under this subsection (a) includes the power to allocate various powers, including the power to direct or prevent certain actions of the trustees, exclusively to one (1) or more of the trustees, trust protectors, and trust advisors serving from time to time.
(b)
All of the provisions of a trust instrument generally applicable to the trustees, including the provisions regarding trustee qualifications, resignation, removal, standard of care, indemnification, compensation, and the scope and nature of the restrictions, limitations, and immunities applicable when exercising powers and authority, apply to trustees, trust protectors, and trust advisors appointed under this section. These include provisions:
(1)
Waiving certain duties when exercising certain investment powers apply equally to trustees, trust protectors, and trust advisors appointed under this section;
(2)
Permitting the removal and replacement of a trustee subject to various limitations and conditions apply equally to trustees, trust protectors, and trust advisors appointed under this section; and
(3)
Proscribing the settler and beneficiaries and persons or entities related or subordinate to the settler and any beneficiary from being eligible to serve as a trustee apply equally to proscribe all of those persons from serving as trustees, trust protectors, and trust advisors appointed under this section.
(c)
Notwithstanding subsection (b), if an appointment under this section confers upon a co-trustee, trust protector, or trust advisor to the exclusion of another co-trustee, trust protector, or trust advisor, the power to take certain actions with respect to the trust, including the power to direct or prevent certain actions of a trustee, trust protector, or trust advisor, then the respective duties and liabilities of the. trustee, trust protector, or trust advisor who are excluded fiduciaries as well as of the co-trustee, trust protector, or trust advisor holding the power are as set forth under §§ 35-15-1204 and 35-15-1205.
(d)
Any powers granted in subsection (a) to appoint additional trustees, trust protectors, and trust advisors that are exercised in such a manner as to modify the duties of any existing trustee, trust protector, or trust advisor do not become effective until thirty (30) days after the receipt by the existing trustee or trustees, trust protector or trust protectors, and trust advisor or trust advisors of a written notice from the person authorized to appoint additional trustees detailing the changes. The thirty-day notice requirement may be waived by the existing trustee or trustees, trust protector or trust protectors, and trust advisor or trust advisors.
(e)
Except as otherwise expressly provided by the terms of a trust instrument, this section is available to any trust that is administered in this state or otherwise governed by the laws of this state.
Amended by 2024 Tenn. Acts, ch. 695,s 6, eff. 7/1/2024.
Added by 2023 Tenn. Acts, ch. 166, s 7, eff. 4/17/2023.