2018 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 15 - Tennessee Uniform Trust Code
Part 12 - Trust Protectors and Trust Advisors
§ 35-15-1205. Fiduciary's liability for action or inaction of trustee, trust advisor, and trust protector.

Universal Citation: TN Code § 35-15-1205 (2018)
  • An excluded fiduciary is not liable, either individually or as a fiduciary, for:
  • (1) Any loss resulting from compliance with a direction of a trustee, trust advisor or trust protector, including but not limited to, any loss from the trustee, trust advisor or trust protector breaching fiduciary responsibilities or acting beyond the trustee's, trust advisor's or trust protector's scope of authority;

  • (2) Any loss resulting from any action or inaction of a trustee, trust advisor, or trust protector; or

  • (3) Any loss that results from the failure of a trustee, trust advisor, or trust protector to take any action proposed by the excluded fiduciary where such action requires the authorization of the trustee, trust advisor, or trust protector; provided, that an excluded fiduciary who had a duty to propose such action timely sought but failed to obtain the authorization.

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