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Chapter 1 - Appointment and Removal of Trustees
§ 35-1-121. Appointment of Public Trustee - In addition to the other provisions for the appointment of...
Chapter 2 - Uniform Fiduciaries Act
§ 35-2-101. Short Title - This chapter shall be known and may be cited as...
§ 35-2-103. Application of Payments Made to Fiduciaries — Validity of Right or Title Acquired - A person who in good faith pays or transfers to...
§ 35-2-104. Transfer of Negotiable Instrument by Fiduciary - If any negotiable instrument payable or endorsed to a fiduciary...
§ 35-2-105. Check Drawn by Fiduciary Payable to Third Person - If a check or other bill of exchange is drawn...
§ 35-2-107. Deposit in Name of Fiduciary as Such — Drawing Check - If a deposit is made in a bank or savings...
§ 35-2-108. Deposit in Name of Principal — Drawing Checks - If a check is drawn upon the account of the...
§ 35-2-109. Deposit in Fiduciary's Personal Account — Drawing Checks - If a fiduciary makes a deposit in a bank or...
§ 35-2-110. Deposit in Names of Two or More Trustees — Drawing Checks - When a deposit is made in a bank or savings...
§ 35-2-112. Uniformity of Interpretation - This chapter shall be so interpreted and construed as to...
Chapter 3 - Investment of Trust Funds
§ 35-3-101. Authority of Court - The court is authorized to have the money and funds...
§ 35-3-102. Authorized Investments - All trustees, guardians and other fiduciaries in this state, unless...
§ 35-3-104. Securities of Foreign Governments - Investments may be made in bonds, notes and stock issued...
§ 35-3-106. Municipal Bonds - Investments may be made in bonds and notes of any...
§ 35-3-107. Real Estate Bonds and Notes - Investments may be made in bonds and notes secured by...
§ 35-3-111. Obligations of Certain Federal Agencies - Trustees, guardians and other fiduciaries may also invest in or...
§ 35-3-112. State and Federal Bond Issues — Reports - Guardians, executors, administrators and trustees shall also be authorized and...
§ 35-3-114. Certificates of Deposit and Savings Accounts - All trustees and guardians in this state, unless prohibited, or...
§ 35-3-115. Public Housing Authority Obligations - Notwithstanding any restrictions on investments contained in any laws of...
§ 35-3-119. Tennessee Valley Authority Obligations - Notwithstanding any restrictions on investments contained in any laws of...
§ 35-3-121. Investments in Securities by Banks or Trust Companies - Unless the governing instrument, court order, or a statute specifically...
§ 35-3-122. Liability of Fiduciaries for Losses - Whenever an instrument under which a fiduciary is acting reserves...
§ 35-3-124. Investment in Tuition Units - Notwithstanding any other law to the contrary, trustees and others...
Chapter 4 - Uniform Common Trust Fund Act
§ 35-4-101. Short Title - This chapter shall be known and may be cited as...
§ 35-4-102. Bank or Trust Company Establishing Common Trust Funds — Investing in Trust Funds - Any bank or trust company qualified to act as fiduciary...
§ 35-4-104. Uniformity of Construction and Interpretation - This chapter shall be so interpreted and construed as to...
§ 35-4-105. Fiduciary Relationships to Which Chapter Applicable - This chapter applies to fiduciary relationships in existence on April...
Chapter 5 - Judicial or Trust Sales
§ 35-5-101. Twenty Days' Notice by Publication - Code 1858, § 2145 (deriv. Acts 1855-1856, ch. 83, §...
§ 35-5-102. Notice in Newspaper Not Required - If no newspaper is published in the county in which...
§ 35-5-103. Posting Written Notices - Whenever the advertisement cannot be made in a newspaper, the...
§ 35-5-104. Contents of Advertisement or Notice — Contents of Deed Memorializing Sale - Code 1858, § 2149 (deriv. Acts 1855-1856, ch. 83, §...
§ 35-5-105. Notice in Writing if Printer Refuses - If the printer will not make the publication for the...
§ 35-5-106. Sale Without Advertisement Is Not Void - Should the officer, or other person making the sale, proceed...
§ 35-5-107. Effect of Noncompliance With Chapter - Any officer, or other person, referenced in § 35-5-106 who...
§ 35-5-108. Plan of Division of Land — Sale of Portion of Land - At any time before ten o'clock a.m. (10:00 a.m.) on...
§ 35-5-109. Published Ending Time and Published Start Time for Auctions - The published ending time for auctions conducted under this chapter...
§ 35-5-110. Bidding on Land Sales May Be Reopened by Clerks — Court's Power Not Abridged - In all sales of land made under orders, and decrees...
§ 35-5-111. State May Bid at Execution or Judicial Sales - Whenever the state is interested in the proceeds of any...
§ 35-5-113. Auction Sales in Divorce Proceedings - The provisions and procedures of this chapter apply to all...
§ 35-5-114. Trustee's Attendance at Foreclosure — Successor Trustee - Beneficiary has appointed the substitute trustee prior to the first...
§ 35-5-119. Applicability of §§ 35-5-101(e), 35-5-104(a)(4) and (5), and 35-5-104(b) - The requirements of §§ 35-5-101(e), 35-5-104(a)(4) and (5), and 35-5-104(b)...
Chapter 6 - Uniform Principal and Income Act
Part 1 - Definitions and Fiduciary Duties
§ 35-6-101. Short Title - This chapter shall be known and may be cited as...
§ 35-6-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 35-6-106. Remedy - With respect to a trustee's exercise or nonexercise of the...
§ 35-6-107. Records - A trustee who elects to exercise any power or not...
§ 35-6-108. Total Return Unitrusts - The provisions of § 35-6-109, as amended, or any corresponding...
Part 2 - Decedent's Estate or Terminating Income Interest
§ 35-6-201. Determination and Distribution of Net Income - After a decedent dies, in the case of an estate,...
Part 3 - Apportionment at Beginning and End of Income Interest -
Part 4 - Allocation of Receipts During Administration of Trust
§ 35-6-402. Distribution From Trust or Estate - A trustee shall allocate to income an amount received as...
§ 35-6-404. Principal Receipts - A trustee shall allocate to principal:
§ 35-6-405. Rental Property - To the extent that a trustee accounts for receipts from...
§ 35-6-408. Insubstantial Allocations Not Required - If a trustee determines that an allocation between principal and...
Part 5 - Allocation of Disbursements During Administration of Trust
§ 35-6-501. Disbursements From Income - A trustee shall make the following disbursements from income to...
Part 6 - Miscellaneous Provisions
§ 35-6-601. Application and Construction of Chapter 6 - Section 35-15-1101 controls all application and construction of chapter 6.
§ 35-6-602. Application of Act to Existing Trusts and Estates - This act applies to every trust or decedent's estate existing...
Chapter 7 - Tennessee Uniform Transfers to Minors Act
§ 35-7-101. Short Title - This chapter shall be known and may be cited as...
§ 35-7-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 35-7-105. Transfer by Gift or Exercise of Power of Appointment - A person may make a transfer by irrevocable gift to,...
§ 35-7-109. Receipt for Custodial Property - A written acknowledgment of delivery by a custodian constitutes a...
§ 35-7-110. Manner of Creating Custodial Property and Effecting Transfer — Designation of Initial Custodian — Control - TRANSFER UNDER THE TENNESSEE UNIFORM TRANSFERS TO MINORS ACT I,...
§ 35-7-111. Transfers — Single and Joint Custodians - A transfer may be made only for one (1) minor,...
§ 35-7-113. Care of Custodial Property - only to the extent that the minor, the minor's estate,...
§ 35-7-117. Exemption of Third Person From Liability - A third person in good faith and without court order...
§ 35-7-118. Liability to Third Persons - may be asserted against the custodial property by proceeding against...
§ 35-7-122. Applicability - This chapter also applies to a transfer made on or...
§ 35-7-124. Uniformity of Application and Construction - This chapter shall be applied and construed to effectuate its...
§ 35-7-125. Repeals Prior Act - The Tennessee Uniform Gifts to Minors Act, formerly compiled in...
§ 35-7-126. Severability - If any provision of this chapter or its application to...
Chapter 8 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 35-8-101. Short Title - This chapter shall be known and may be cited as...
§ 35-8-102. Chapter Definitions - In this chapter:
§ 35-8-107. Disclosure of Content of Electronic Communications of Deceased User - If a deceased user consented or a court directs disclosure...
§ 35-8-108. Disclosure of Other Digital Assets of Deceased User - Unless the user prohibited disclosure of digital assets or the...
§ 35-8-109. Disclosure of Content of Electronic Communications to Principal - To the extent a power of attorney expressly grants an...
§ 35-8-110. Disclosure of Other Digital Assets of Principal - Unless otherwise ordered by the court, directed by the principal,...
§ 35-8-111. Disclosure of Digital Assets Held in Trust When Trustee Is Original User - Unless otherwise ordered by the court or provided in a...
§ 35-8-112. Disclosure of Digital Assets Held in Trust When Trustee Is Not Original User - Unless otherwise ordered by the court, directed by the user,...
§ 35-8-113. Disclosure of Other Digital Assets Held in Trust When Trustee Is Original User - Unless otherwise ordered by the court, directed by the user,...
§ 35-8-117. Uniformity of Application and Construction - In applying and construing this chapter, consideration must be given...
§ 35-8-118. Electronic Signatures — Global and National Commerce Act - This chapter modifies, limits, or supersedes the Electronic Signatures in...
Chapter 9 - Administration of Private Foundations, Charitable Trusts or Split-Interest Trusts
§ 35-9-101. Prohibited Acts - In the administration of any trust that is a “private...
§ 35-9-102. Distribution of Amounts to Avoid Tax Liability - In the administration of any trust that is a private...
§ 35-9-103. Applicability of §§ 35-9-101 and 35-9-102 - Sections 35-9-101 and 35-9-102 do not apply to any trust...
§ 35-9-104. Powers of Courts and Attorney General and Reporter Unimpaired - Nothing in this chapter shall impair the rights and powers...
§ 35-9-105. References to Internal Revenue Code - All references to sections of the Internal Revenue Code of...
Chapter 10 - Uniform Management of Institutional Funds Act
Part 2 - Uniform Prudent Management of Institutional Funds Act
§ 35-10-201. Short Title - This part shall be known and may be cited as...
§ 35-10-202. Part Definitions - As used in this part, unless the context otherwise requires:
§ 35-10-207. Reviewing Compliance - Compliance with this part is determined in light of the...
§ 35-10-208. Application to Existing Institutional Funds - This part applies to institutional funds existing on or established...
§ 35-10-209. Relation to Electronic Signatures in Global and National Commerce Act - This part modifies, limits, and supersedes the Electronic Signatures in...
§ 35-10-210. Uniformity of Application and Construction - In applying and construing the uniform act set out in...
Chapter 11 - Fundraising for Catastrophic Illnesses
§ 35-11-106. Powers of Institutions Apply to Trusts - All powers and authority that are conferred on banks and...
§ 35-11-107. Civil Penalties — Appeal - In addition to any other penalty or remedy available under...
§ 35-11-108. Right to Inspect Records for Trusts - The secretary of state or the secretary's designee shall have...
§ 35-11-109. Subpoena Power - The secretary of state or the secretary's designee shall have...
§ 35-11-110. Rules and Regulations - The secretary of state may adopt rules and regulations to...
Chapter 12 - Uniform Transfer on Death Security Registration
§ 35-12-101. Short Title - This chapter shall be known and may be cited as...
§ 35-12-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 35-12-103. Who May Obtain Beneficiary Form — Owners Hold as Joint Tenants - Only individuals whose registration of a security shows sole ownership...
§ 35-12-104. Authorization - A security may be registered in beneficiary form if the...
§ 35-12-105. Designation - A security, whether evidenced by certificate or account, is registered...
§ 35-12-106. Evidence of Beneficiary Form - Registration in beneficiary form may be shown by the words...
§ 35-12-107. No Effect Until Death - The designation of a TOD beneficiary on a registration in...
§ 35-12-108. Effect Upon Death - On death of a sole owner or the last to...
§ 35-12-113. Application - This chapter applies to registrations of securities in beneficiary form...
Chapter 13 - Charitable Beneficiaries
§ 35-13-101. Short Title - This chapter shall be known and may be cited as...
§ 35-13-103. Gift Instrument to Control Disposition of Gift - A gift instrument that specifies the charitable beneficiaries, objects, purposes...
§ 35-13-105. Discretionary Charitable Gifts - When the donor makes a discretionary charitable gift the following...
§ 35-13-107. Change in Tax-Exempt Status of Beneficiary - IF: the donor shall be presumed to have intended that...
§ 35-13-108. Validity Under Rules of Remoteness or Rule Against Perpetuities - No charitable gift shall fail for remoteness of vesting or...
§ 35-13-109. Validity Where No Trustee - No trust to which a charitable gift or a discretionary...
§ 35-13-112. Trust in Violation of State or Federal Law - If the department of revenue makes a written determination that...
§ 35-13-113. Construction With Other Laws - This chapter is deemed cumulative to any equitable doctrine or...
§ 35-13-114. Cy Pres - Section 35-15-413 shall also apply to charitable gifts, as defined...
Chapter 14 - Uniform Prudent Investor Act
§ 35-14-101. Short Title - This chapter shall be known and may be cited as...
§ 35-14-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 35-14-106. Duties at Inception of Trusteeship - Within a reasonable time after accepting a trusteeship or receiving...
§ 35-14-107. Loyalty - A trustee shall invest and manage the trust assets solely...
§ 35-14-108. Impartiality - If a trust has two (2) or more beneficiaries, the...
§ 35-14-109. Investment Costs - In investing and managing trust assets, a trustee may only...
§ 35-14-110. Reviewing Compliance - Compliance with the prudent investor rule is determined in light...
§ 35-14-112. Language Invoking Standard of Act - The following terms or comparable language in the provisions of...
§ 35-14-114. Court Authority - Nothing in this chapter abrogates or restricts the power of...
Chapter 15 - Tennessee Uniform Trust Code
Part 1 - General Provisions and Definitions
§ 35-15-101. Short Title - This chapter shall be known and may be cited as...
§ 35-15-102. Scope - This chapter applies to express trusts, charitable or noncharitable, and...
§ 35-15-103. Chapter Definitions - As used in this chapter, unless the context otherwise requires:...
§ 35-15-112. Rules of Construction - The rules of construction that apply in this state to...
Part 2 - Judicial Proceedings
§ 35-15-203. Subject Matter Jurisdiction - Chancery courts and other courts of record having probate jurisdiction:
Part 3 - Representation
§ 35-15-303. Representation by Fiduciaries and Parents - To the extent there is no material conflict of interest...
§ 35-15-304. Representation by Person Having Substantially Identical Interest - Unless otherwise represented, a minor, incapacitated, or unborn individual, or...
Part 4 - Creation, Validity, Modification, and Termination of Trust
§ 35-15-401. Methods of Creating Trust - A trust may be created by:
§ 35-15-403. Trusts Created in Other Jurisdictions - A trust not created by will is validly created if...
§ 35-15-404. Trust Purposes - A trust may be created only to the extent its...
§ 35-15-406. Creation of Trust Induced by Fraud, Duress, or Undue Influence - A trust is void to the extent its creation was...
§ 35-15-407. Evidence of Oral Trust - Except as required by a statute other than this chapter,...
§ 35-15-409. Noncharitable Trust Without Ascertainable Beneficiary - Except as otherwise provided in § 35-15-408 or by another...
§ 35-15-415. Reformation to Correct Mistakes - The court may reform the terms of a trust, even...
§ 35-15-416. Modification to Achieve Settlor's Tax Objectives - To achieve the settlor's tax objectives, the court may modify...
§ 35-15-417. Combination and Division of Trusts - After notice to the qualified beneficiaries, a trustee may combine...
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...
§ 35-15-503. Exceptions to Spendthift Provision - A spendthrift provision is unenforceable against a claim of this...
§ 35-15-507. Personal Obligations of Trustee - Trust property is not subject to personal obligations of the...
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...
Part 7 - Office of Trustee
§ 35-15-710. Directed Trusts - If the terms of the trust, an agreement of the...
Part 8 - Duties and Powers of Trustee
§ 35-15-801. Duty to Administer Trust - Upon acceptance of a trusteeship, the trustee shall administer the...
§ 35-15-803. Impartiality - If a trust has two (2) or more beneficiaries, the...
§ 35-15-804. Prudent Administration - A trustee shall administer the trust as a prudent person...
§ 35-15-805. Costs of Administration - In administering a trust, the trustee may incur only costs...
§ 35-15-806. Trustee's Skills - A trustee who has special skills or expertise, or is...
§ 35-15-809. Control and Protection of Trust Property - A trustee shall take reasonable steps to take control of...
§ 35-15-812. Collecting Trust Property - A trustee shall take reasonable steps to compel a former...
Part 9 - “Uniform Principal and Income Act” and “Tennessee Uniform Prudent Investor Act of 2002” Incorporated
§ 35-15-901. Uniform Principal and Income Act and Tennessee Uniform Prudent Investor Act of 2002 Incorporated by Reference - Title 35, chapter 6 and chapter 14 are incorporated in...
Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee
§ 35-15-1003. Damages in Absence of Breach - Absent a breach of trust, a trustee is not liable...
§ 35-15-1006. Reliance on Trust Instrustment - A trustee who acts in reasonable reliance on the terms...
§ 35-15-1007. Event Affecting Administration or Distribution - If the happening of an event, including marriage, divorce, performance...
§ 35-15-1009. Beneficiary's Consent, Release, or Ratification - A trustee is not liable to a beneficiary for breach...
Part 11 - Miscellaneous Provisions
§ 35-15-1102. Electronic Records and Signatures - The provisions of this chapter governing the legal effect, validity,...
§ 35-15-1105. Dominion and Control Over a Trust - In the event a person challenges a settlor's or a...
Part 12 - Trust Protectors and Trust Advisors
§ 35-15-1203. Trust Advisor and Trust Protector Subject to Court Jurisdiction - By accepting appointment to serve as a trust advisor or...
§ 35-15-1205. Fiduciary's Liability for Action or Inaction of Trustee, Trust Advisor, and Trust Protector - An excluded fiduciary is not liable, either individually or as...
Part 13 - Special Purpose Entity -
Chapter 16 - Tennessee Investment Services Act of 2007
§ 35-16-101. Short Title - This chapter shall be known and may be cited as...
§ 35-16-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 35-16-103. Qualified Affidavit Requirements - A qualified affidavit shall state that:
§ 35-16-105. Powers and Rights of Transferor - A transferor shall have only the powers and rights conferred...
§ 35-16-107. Spendthrift Provisions - A spendthrift provision as described in § 35-16-102(7)(C) shall be...
§ 35-16-109. Transferor as Investment Advisor - A person may serve as an investment advisor notwithstanding that...
§ 35-16-110. Successor Trustees - In the event that a qualified trustee of an investment...
§ 35-16-111. Revocability of Trusts - An investment services trust shall not be deemed revocable on...
§ 35-16-112. Applicability - This chapter applies to qualified dispositions to investment services trusts...
Chapter 17 - Tennessee Community Property Trust Act of 2010
§ 35-17-101. Short Title - This chapter shall be known as the “Tennessee Community Property...
§ 35-17-102. Chapter Definitions - As used in this chapter:
§ 35-17-103. Requirements for Community Property Trust - An arrangement is a community property trust if one (1)...
§ 35-17-107. Death of a Spouse - Upon the death of a spouse, one-half (½) of the...
§ 35-17-108. Dissolution of Marriage - Upon the dissolution of the marriage of the settlor spouses,...
Chapter 50 - Miscellaneous Provisions
§ 35-50-101. Joint Control of Deposits by Principal and Surety Is Lawful - It is lawful for any party of whom a bond,...
§ 35-50-102. Insurance Trusts — Creation — Validity - Any trust previously or subsequently established by the depositing with...
§ 35-50-106. Trusts for Employees' Benefit — Rule Against Perpetuities - No trust previously or subsequently created by an employer as...
§ 35-50-110. Specifically Enumerated Fiduciary Powers That May Be Incorporated by Reference - Without diminution or restriction of the powers vested in the...
§ 35-50-111. Fiduciary Bond on Interest - Whenever a fiduciary, as defined in § 35-2-102, is required...
§ 35-50-112. Impairment of Marital Deduction Prohibited - No executor, trustee or other fiduciary may take, or refuse...
§ 35-50-121. Delayed Receipt of Trust Corpus - Any trust agreement or declaration of trust may be valid...
§ 35-50-123. Powers of Fiduciaries - Each fiduciary, as defined in § 35-2-102, has the powers...
§ 35-50-124. Limited Power of Trustee — Beneficiary — Application - cannot be exercised by that trustee.
§ 35-50-127. Release of Personal Health Information to Determine Capacity - Where it is necessary, under the terms of a trust...