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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 11 - MISCELLANEOUS PROVISIONS (§§ 35-15-1101 — 35-15-1105)
Section 35-15-1104 - Alter ego
Universal Citation:
TN Code § 35-15-1104 (2023)
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- (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.
Added by 2013 Tenn. Acts, ch. 390,s 52, eff. 7/1/2013.
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