35-15-410 - Modification or termination of trust Proceedings for approval or disapproval. - Tennessee Statutes

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, contrary to public policy, 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.

[Acts 2004, ch. 537, § 32.]