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Bill > HB0817
TN HB0817
TN HB0817AN ACT to amend Tennessee Code Annotated, Title 30 and Title 35, relative to trusts.
summary
Introduced
02/04/2025
02/04/2025
In Committee
02/26/2025
02/26/2025
Crossed Over
03/04/2025
03/04/2025
Passed
03/11/2025
03/11/2025
Dead
Signed/Enacted/Adopted
04/04/2025
04/04/2025
Introduced Session
114th General Assembly
Bill Summary
As enacted, establishes as a default rule of state trust law that a beneficiary is a non-fiduciary unless appointed in such capacity, and makes certain other changes relative to trusts. - Amends TCA Title 30 and Title 35.
AI Summary
This bill updates Tennessee trust law with several key provisions aimed at modernizing and clarifying trust administration. The bill establishes a default rule that a beneficiary is a non-fiduciary unless specifically appointed otherwise, and introduces new provisions for electronic communication and notice. It modifies rules around trustee succession, allowing more flexibility in appointing successor trustees and expanding the methods of providing notice to include electronic means when consent is given. The bill also adds a new section allowing trustees more discretion in reimbursing a trust's settlor (creator) for personal income tax liabilities related to the trust, which becomes effective December 31, 2025. Additionally, the bill clarifies the fiduciary responsibilities of trust advisors and protectors, specifying that they must act in good faith and in the interests of beneficiaries when exercising their powers. The legislation also updates provisions for assigning tangible personal property to trusts, creates liens for trustee advances, and provides more flexibility in how trusts can handle various administrative and communication tasks. The bill will take effect on July 1, 2025, and applies to existing and future trusts.
Committee Categories
Business and Industry
Sponsors (2)
Last Action
Effective date(s) 07/01/2025 (on 04/04/2025)
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0817&ga=114 |
| BillText | https://publications.tnsosfiles.com/acts/114/pub/pc0101.pdf |
| Amendment 1-0 to HB0817 | https://www.capitol.tn.gov/Bills/114/Amend/HA0021.pdf |
| Fiscal Memo for HA0021 (3684) | https://www.capitol.tn.gov/Bills/114/Fiscal/FM0093.pdf |
| Fiscal Note - SB0534 | https://www.capitol.tn.gov/Bills/114/Fiscal/SB0534.pdf |
| BillText | https://www.capitol.tn.gov/Bills/114/Bill/HB0817.pdf |
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