§ 35-15-409 — Noncharitable trust without ascertainable beneficiary

Except as otherwise provided in § 35-15-408 or by another statute, the following rules apply: (1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than three hundred sixty (360) years; (2) A trust authorized by this section may be enforced by any of the following who are appointed under the terms of a trust: a trustee, trust advisor, trust protector or other person; or if no person is so appointed, by a person appointed by the court; and (3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.

Legislative History

Amended by 2021 Tenn. Acts, ch. 420, s 7, eff. 7/1/2021. Amended by 2013 Tenn. Acts, ch. 390, s 12, eff. 7/1/2013. Acts 2004, ch. 537, § 31; 2007 , ch. 24, § 14.