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Tenn. Code Ann. § 35-15-1012

Protection of person dealing with trustee

Known as the Tennessee Uniform Trust Code

The act spans §§ 35–35 (113 sections).

Acts 2004, ch. 537, § 88.

(1) A person other than a beneficiary who in “good faith”, as defined in § 47-1-201, assists a trustee, or who in “good faith” and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.

(2) A person other than a beneficiary who in “good faith” deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

(3) A person who in “good faith” delivers assets to a trustee need not ensure their proper application.

(4) A person other than a beneficiary who in “good faith” assists a former trustee, or who in “good faith” and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.

(5) Comparable protective provisions of other laws, see §§ 47-8-101 — 47-8-407, relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.