Tennessee § 35-15-1104 Alter ego

Tennessee Statutes

§ 35-15-1104 — Alter ego

(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.

Tennessee § 35-15-1104 (Alter ego) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.