reglab/statecodes huggingface dataset:
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 35-15-101 — 35-15-114) › Section 35-15-105 - Default and mandatory rules

(a)
Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee or any other fiduciary under this chapter, relations among trustees and such other fiduciaries, and the rights and interests of a beneficiary. The terms of a trust may expand, restrict, eliminate, or otherwise vary the duties and powers of a trustee, any such other fiduciary, relations among any of them, and the rights and interests of a beneficiary; provided, however, that nothing contained in this subsection (a) shall be construed to override or nullify the provisions of subsection (b). The rule of statutory construction that states that statutes in derogation of the common law are to be strictly construed shall have no application to this section. Except as restricted by subsection (b), pursuant to this section, courts shall give maximum effect to the principle of freedom of disposition and to the enforceability of trust instruments.
(b)
The terms of a trust prevail over any provision of this chapter except:
(1)
The requirements for creating a trust;
(2)
The duty of a trustee to act in accordance with the terms and purposes of the trust and the interests of the beneficiaries;
(3)
The requirement that a trust and its terms be for the benefit of its beneficiaries as the interests of such beneficiaries are defined under the terms of the trust, and that the trust has a purpose that is lawful and possible to achieve;
(4)
The power to modify or terminate a trust under §§
35-15-410
- 35-15-416;
(5)
The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in part 5 of this chapter;
(6)
The power of the court under §
35-15-702
to require, dispense with, or modify or terminate a bond;
(7)
The power of the court under §
35-15-708(b)
to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8)
The effect of an exculpatory term under §
35-15-1008
;
(9)
The rights under §§
35-15-1010
- 35-15-1013 of a person other than a trustee or beneficiary;
(10)
Periods of limitation for commencing a judicial proceeding;
(11)
The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
(12)
The subject matter jurisdiction of the court and venue for commencing a proceeding as provided in §§
35-15-203
and
35-15-204
.
(c)
Any purpose enunciated as a material purpose of a trust in that trust's trust instrument shall be treated as a material purpose of that trust for all purposes of this chapter and chapter 16.
Amended by 2013 Tenn. Acts, ch. 390,s 4, eff. 7/1/2013.
Acts 2004, ch. 537, § 6; 2007, ch. 24, §§ 4, 5.
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 35-15-101 — 35-15-114) › Section 35-15-106 - Law supplemental to chapter - Applicability of certain sections of Restatement of Trusts

(a)
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.
(b)
Notwithstanding subsection (a):
(1)
No provision in a trust directing or authorizing accumulation of trust income shall be invalid; and
(2)
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.
Amended by 2013 Tenn. Acts, ch. 390,s 7, eff. 7/1/2013.
Acts 2004, ch. 537, § 7.
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 35-15-101 — 35-15-114) › Section 35-15-109 - Methods and waiver of notice

(a)
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.
(b)
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.
(c)
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.
(d)
Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure.
Acts 2004, ch. 537, § 10.
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 35-15-101 — 35-15-114) › Section 35-15-110 - Others treated as qualified beneficiaries

(a)
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.
(b)
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.
Amended by 2019 Tenn. Acts, ch. 340,s 8, eff. 5/10/2019.
Acts 2004, ch. 537, § 11; 2007, ch. 24, § 6.
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 35-15-101 — 35-15-114) › Section 35-15-111 - Nonjudicial settlement agreements

(a)
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.
(b)
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.
(c)
Matters that may be resolved by a nonjudicial settlement agreement include, but are not limited to:
(1)
The interpretation or construction of the terms of the trust;
(2)
The approval of a trustee's report or accounting;
(3)
Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(4)
The resignation or appointment of a trustee and the determination of a trustee's compensation;
(5)
Transfer of a trust's principal place of administration;
(6)
Liability of a trustee for an action relating to the trust;
(7)
The extent or waiver of bond of a trustee;
(8)
The governing law of the trust;
(9)
The criteria for distribution to a beneficiary where the trustee is given discretion;
(10)
The resignation, appointment, and establishment of the powers and duties of trust protectors or trust advisors; and
(11)
The approval of an investment decision, delegation, policy, plan, or program.
(d)
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.
Amended by 2021 Tenn. Acts, ch. 420, s 6, eff. 7/1/2021.
Acts 2004, ch. 537, § 12; 2007 , ch. 24, §§ 7 - 9.
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 35-15-101 — 35-15-114) › Section 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.
Acts 2004, ch. 537, § 13.
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 35-15-101 — 35-15-114) › Section 35-15-114 - Real property in trust

(a)
An estate in real property may be acquired in the name of the trust or in the name of the trustee on behalf of the named trust, and title to real property conveyed by the trust must be conveyed by the trustee, as trustee of the trust.
(b)
Subsection (a) applies to documents executed prior to, on, and after July 1, 2021.
(c)
This section does not abrogate or amend §
35-15-402(d)
.
Acts 2021, ch. 449, § 1.
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 2 - JUDICIAL PROCEEDINGS (§§ 35-15-201 — 35-15-205) › Section 35-15-201 - Role of court in administration of trust

(a)
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.
(b)
A trust is not subject to continuing judicial supervision unless ordered by the court.
(c)
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.
Acts 2004, ch. 537, § 14.
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 2 - JUDICIAL PROCEEDINGS (§§ 35-15-201 — 35-15-205) › Section 35-15-202 - Jurisdiction over trustee and beneficiary

(a)
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.
(b)
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.
(c)
This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
Acts 2004, ch. 537, § 15.
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 2 - JUDICIAL PROCEEDINGS (§§ 35-15-201 — 35-15-205) › Section 35-15-203 - Subject matter jurisdiction

Chancery courts and other courts of record having probate jurisdiction:
(1)
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
(2)
Have concurrent jurisdiction with other courts of record in this state over other proceedings involving a trust.
Acts 2004, ch. 537, § 16; 2012, ch. 886, § 10.
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 2 - JUDICIAL PROCEEDINGS (§§ 35-15-201 — 35-15-205) › Section 35-15-204 - Venue

(a)
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.
(b)
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.
Acts 2004, ch. 537, § 17.
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 2 - JUDICIAL PROCEEDINGS (§§ 35-15-201 — 35-15-205) › Section 35-15-205 - Petition for final accounting upon resignation or removal of trustee or termination of trust

(a)
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:
(1)
The date of acceptance of the trusteeship by the trustee; or
(2)
The end of the period since an accounting was last approved by the court.
(b)
The petition shall set forth:
(1)
The name and address of the then-serving trustee, trust advisor, and trust protector, to the extent known by the petitioner;
(2)
The qualified beneficiaries of the trust; and
(3)
The period that the accounting covers.
(c)
The petition must be served on each trustee, trust protector, trust advisor, and qualified beneficiary or their representative under part 3 of this chapter to the extent there is no material conflict of interest.
(d)
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.
(e)
Upon approval of the final accounting, the trustee shall be relieved from liability for the period covered by the final accounting.
(f)
In accordance with §
35-15-1004
, costs and expenses, including reasonable attorney's fees of the petitioner, must be taxed against the trust, unless otherwise directed by the court.
Amended by 2022 Tenn. Acts, ch. 877, Secs.s3, s4, s5, s6 eff. 4/14/2022.
Added by 2019 Tenn. Acts, ch. 340, s 9, eff. 5/10/2019.
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 3 - REPRESENTATION (§§ 35-15-301 — 35-15-305) › Section 35-15-301 - Representation - Basic effect

(a)
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.
(b)
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.
(c)
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.
(d)
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)
.
Acts 2004, ch. 537, § 18; 2007, ch. 24, § 10.
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 3 - REPRESENTATION (§§ 35-15-301 — 35-15-305) › Section 35-15-302 - Representation by holder of power of appointment - "General power of appointment" defined

(a)
(1)
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.
(2)
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.
(3)
Notwithstanding this section to the contrary, if a disinterested trustee is serving as a trustee of a trust, then the holder of any non-general power of appointment may, regardless of whether there is a material conflict of interest between the holder of the non-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.
(b)
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.
Amended by 2024 Tenn. Acts, ch. 695,s 2, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 340, s 13, eff. 5/10/2019.
Acts 2004, ch. 537, § 19; 2010 , ch. 725, § 3; 2012 , ch. 886, § 11.
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 3 - REPRESENTATION (§§ 35-15-301 — 35-15-305) › Section 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.
Acts 2004, ch. 537, § 21; 2010, ch. 725, § 5.
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 3 - REPRESENTATION (§§ 35-15-301 — 35-15-305) › Section 35-15-305 - Appointment of representative

(a)
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.
(b)
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.
(c)
In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.
Acts 2004, ch. 537, § 22.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-401 - Methods of creating trust

A trust may be created by:
(1)
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;
(2)
The declaration by the owner of property that the owner holds identifiable property as trustee;
(3)
The exercise of a power of appointment in favor of a trustee; or
(4)
A court pursuant to its statutory or equitable powers.
Acts 2004, ch. 537, § 23.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-402 - Requirements for creation

(a)
A trust is created only if:
(1)
The settlor has capacity to create a trust;
(2)
The settlor indicates an intention to create the trust;
(3)
The trust has a definite beneficiary or is:
(A)
A charitable trust;
(B)
A trust for the care of an animal, as provided in §
35-15-408
; or
(C)
A trust for a noncharitable purpose, as provided in §
35-15-409
;
(4)
The trustee has duties to perform; and
(5)
The same person is not the sole trustee and sole beneficiary.
(b)
A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c)
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.
(d)
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):
(1)
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
(2)
Assets not capable of registration, are transferred to the trust through a recital of assignment describing the asset with particularity in the trust instrument.
(e)
Notwithstanding subdivision (a)(4), a passive trust is not terminable because it is passive.
Amended by 2021 Tenn. Acts, ch. 420, s 22, eff. 7/1/2021.
Amended by 2017 Tenn. Acts, ch. 290, s 13, eff. 7/1/2017.
Acts 2004, ch. 537, § 24.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 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:
(1)
The settlor was domiciled, had a place of abode, or was a national;
(2)
A trustee was domiciled or had a place of business; or
(3)
Any trust property was located.
Acts 2004, ch. 537, § 25.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 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.
Amended by 2013 Tenn. Acts, ch. 390,s 50, eff. 7/1/2013.
Acts 2004, ch. 537, § 26.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-405 - Charitable purposes - Enforcement

(a)
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.
(b)
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.
(c)
The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
Acts 2004, ch. 537, § 27.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 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.
Acts 2004, ch. 537, § 28.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 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.
Acts 2004, ch. 537, § 29.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-408 - Trust for care of animal

(a)
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.
(b)
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.
(c)
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.
Amended by 2013 Tenn. Acts, ch. 390,s 11, eff. 7/1/2013.
Acts 2004, ch. 537, § 30; 2007, ch. 24, § 13.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-409 - Noncharitable trust without ascertainable beneficiary

Except as otherwise provided in §
35-15-408
or by another statute, the following rules apply:
(1)
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 three hundred sixty (360) years;
(2)
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
(3)
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.
Amended by 2021 Tenn. Acts, ch. 420, s 7, eff. 7/1/2021.
Amended by 2013 Tenn. Acts, ch. 390, s 12, eff. 7/1/2013.
Acts 2004, ch. 537, § 31; 2007 , ch. 24, § 14.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-410 - Modification or termination of trust - Proceedings for approval or disapproval

(a)
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.
(b)
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
.
(c)
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.
(d)
No modification, termination, combination or division may be made pursuant to §§
35-15-411
- 35-15-417 that:
(1)
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;
(2)
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
(3)
Results in an overall increase in federal or state estate, inheritance, gift or generation-skipping transfer taxes.
Amended by 2013 Tenn. Acts, ch. 390,s 51, eff. 7/1/2013.
Acts 2004, ch. 537, § 32.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-412 - Modification or termination because of unanticipated circumstances or inability to administer trust effectively

(a)
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.
(b)
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.
(c)
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.
Acts 2004, ch. 537, § 34.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-413 - Cy pres

(a)
Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, obsolete or ineffective:
(1)
The trust does not fail, in whole or in part;
(2)
The trust property does not revert to the settlor or the settlor's successors in interest; and
(3)
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.
(b)
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:
(1)
The trust property is to revert to the settlor and the settlor is still living; or
(2)
Fewer than twenty-one (21) years have elapsed since the date of the trust's creation.
Amended by 2013 Tenn. Acts, ch. 390,s 13, eff. 7/1/2013.
Acts 2004, ch. 537, § 35.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 35-15-414 - Modification or termination of uneconomic trust

(a)
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.
(b)
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.
(c)
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.
(d)
This section does not apply to an easement for conservation or preservation.
(e)
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.
Amended by 2019 Tenn. Acts, ch. 340,s 15, eff. 5/10/2019.
Acts 2004, ch. 537, § 36.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 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.
Acts 2004, ch. 537, § 37.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 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.
Acts 2004, ch. 537, § 38.
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 4 - CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (§§ 35-15-401 — 35-15-417) › Section 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.
Acts 2004, ch. 537, § 39; 2007, ch. 24, § 20.
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 5 - CREDITOR'S CLAIMS - MANDATORY, SUPPORT AND DISCRETIONARY INTRESTS - EFFECT OF SPENDTHRIFT PROVISION (§§ 35-15-501 — 35-15-510) › Section 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.
Amended by 2013 Tenn. Acts, ch. 390, s 15, eff. 7/1/2013.
Acts 2004, ch. 537, § 40; 2007 , ch. 24, § 21.
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 5 - CREDITOR'S CLAIMS - MANDATORY, SUPPORT AND DISCRETIONARY INTRESTS - EFFECT OF SPENDTHRIFT PROVISION (§§ 35-15-501 — 35-15-510) › Section 35-15-502 - Spendthrift provision

(a)
A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.
(b)
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.
(c)
A spendthrift provision applies to all beneficial interests, including distribution interests and remainder interests.
(d)
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
.
(e)
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.
Amended by 2013 Tenn. Acts, ch. 390,s 16, eff. 7/1/2013.
Acts 2004, ch. 537, § 41.
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 5 - CREDITOR'S CLAIMS - MANDATORY, SUPPORT AND DISCRETIONARY INTRESTS - EFFECT OF SPENDTHRIFT PROVISION (§§ 35-15-501 — 35-15-510) › Section 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.
Acts 2004, ch. 537, § 42.
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 5 - CREDITOR'S CLAIMS - MANDATORY, SUPPORT AND DISCRETIONARY INTRESTS - EFFECT OF SPENDTHRIFT PROVISION (§§ 35-15-501 — 35-15-510) › Section 35-15-504 - Discretionary interests - Effect thereof

(a)
A discretionary interest is neither a property interest nor an enforceable right; it is a mere expectancy.
(b)
Relative to a discretionary interest, whether or not a trust contains a spendthrift provision:
(1)
No creditor or assignee shall force or otherwise reach a distribution with regard to a discretionary interest;
(2)
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;
(3)
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;
(4)
No trustee, cotrustee or other fiduciary is liable to any creditor or assignee for paying the expenses of a beneficiary of a discretionary interest;
(5)
(A)
Regardless of whether a beneficiary holding a discretionary interest is also a trustee, cotrustee or other fiduciary, subdivisions (b)(1)-(4) remain applicable if:
(i)
The beneficiary-fiduciary does not have the discretion to make or participate in making distributions to such beneficiary-fiduciary;
(ii)
The beneficiary-fiduciary's discretion to make or participate in making distributions to such beneficiary-fiduciary is limited by an ascertainable standard; or
(iii)
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;
(B)
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.
Amended by 2013 Tenn. Acts, ch. 390, s 17, eff. 7/1/2013.
Acts 2004, ch. 537, § 43; 2007 , ch. 24, § 22.
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 5 - CREDITOR'S CLAIMS - MANDATORY, SUPPORT AND DISCRETIONARY INTRESTS - EFFECT OF SPENDTHRIFT PROVISION (§§ 35-15-501 — 35-15-510) › Section 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.
Acts 2004, ch. 537, § 46.
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 5 - CREDITOR'S CLAIMS - MANDATORY, SUPPORT AND DISCRETIONARY INTRESTS - EFFECT OF SPENDTHRIFT PROVISION (§§ 35-15-501 — 35-15-510) › Section 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

(a)
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.
(b)
Subject to §
35-15-504(b)(3)
:
(1)
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
(2)
No court may foreclose against a beneficiary's interest described in subdivision (b)(1).
Added by 2013 Tenn. Acts, ch. 390,s 23, eff. 7/1/2013.