2019 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 15 - Tennessee Uniform Trust Code
Part 11 - Miscellaneous Provisions
§ 35-15-1104. Alter ego.

Universal Citation: TN Code § 35-15-1104 (2019)
  • (a) Absent clear and convincing evidence, no settlor of an irrevocable trust may be deemed to be the alter ego of a trustee of such trust.

  • (b) None of the following factors, by themselves or in combination, may be considered sufficient evidence for a court to conclude that the settlor controls a trustee, or is the alter ego of a trustee of such trust:

    • (1) Any combination of the factors listed in § 35-15-1105 regarding dominion and control over a trust;

    • (2) Isolated occurrences where the settlor has signed checks, made disbursements, or executed other documents related to such trust as a trustee, a trust advisor or a trust protector, when in fact the settlor was not such a trustee, trust advisor or trust protector;

    • (3) Making any requests for distributions on behalf of beneficiaries; or

    • (4) Making any requests to the trustee to hold, purchase, or sell any trust property.

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