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Tenn. Code Ann. § 35-15-402

Requirements for creation

Known as the Tennessee Uniform Trust Code

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

Applied in 3 court decisions — leading case Welch v. Crow (2009)

Most recently applied in Welch v. Crow (March 2009)

Acts 2004, ch. 537, § 24; 2017, ch. 290, § 13.

How often courts cite this section

2005200910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A trust is created only if: The settlor has capacity to create a trust;

(2) The settlor indicates an intention to create the trust;

(3) The trust has a definite beneficiary or is: A charitable trust;

(4) A trust for the care of an animal, as provided in § 35-15-408; or

(5) A trust for a noncharitable purpose, as provided in § 35-15-409;

(6) The trustee has duties to perform; and

(7) The same person is not the sole trustee and sole beneficiary.

(8) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

(9) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.

(10) A lifetime trust is valid as to any assets held by the trust to the extent the assets have been transferred to the trust. For purposes of this subsection (d): Assets capable of registration, such as real estate, stocks, bonds, bank and brokerage accounts, and the like, are transferred to the trust through the recording of the deed or the completion of registration of the asset in the name of the trust or trustee. Assets that are capable of registration are not transferred to the trust through only a recital of assignment, holding, or receipt in the trust instrument; and

(11) Assets not capable of registration, are transferred to the trust through a recital of assignment describing the asset with particularity in the trust instrument.

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.