Tennessee § 35-15-1104 Alter ego

Tennessee Statutes

§ 35-15-1104 — Alter ego

Tennessee § 35-15-1104

Title35

This text of Tennessee § 35-15-1104 (Alter ego) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 35-15-1104 (2026).

Text

(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)

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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.