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Bill > HB0817


TN HB0817

TN HB0817
AN ACT to amend Tennessee Code Annotated, Title 30 and Title 35, relative to trusts.


summary

Introduced
02/04/2025
In Committee
02/26/2025
Crossed Over
03/04/2025
Passed
03/11/2025
Dead
Signed/Enacted/Adopted
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)

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