Tennessee § 35-15-411 - Modification or termination of noncharitable irrevocable trust by consent.

§ 35-15-411. Modification or termination of noncharitable irrevocable trust by consent.

During the settlor's lifetime, a noncharitable irrevocable trust may be modified or terminated by the trustee upon consent of all qualified beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust if the settlor does not object to the proposed modification or termination. The trustee shall notify the settlor of the proposed modification or termination not less than sixty (60) days before initiating the modification or termination. The notice of modification or termination must include: An explanation of the reasons for the proposed modification or termination; The date on which the proposed modification or termination is anticipated to occur; and The date, not less than sixty (60) days after the giving of the notice, by which the settlor must notify the trustee of an objection to the proposed modification or termination. Following the settlor's death, a noncharitable irrevocable trust may be terminated upon consent of all of the qualified beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. Following the settlor's death, a noncharitable irrevocable trust may be modified upon the unanimous agreement of the trustee and all qualified beneficiaries as provided under § 35-15-111 if such modification does not violate a material purpose of the trust. Additionally, a noncharitable irrevocable trust may be modified upon consent of all of the qualified beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust. Modification of a trust as authorized in this section is not prohibited by a spendthrift clause or by a provision in the trust instrument that prohibits amendment or revocation of the trust. An agreement to modify a trust as authorized by this section is binding on a beneficiary whose interest is represented by another person under part 3 of this chapter. Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the qualified beneficiaries. If not all of the qualified beneficiaries consent to a proposed modification or termination of the trust under subsection (a), (b), or (c), as applicable, the modification or termination may be approved by the court if the court is satisfied that: If all of the qualified beneficiaries had consented, the trust could have been modified or terminated under this section; and The interests of a qualified beneficiary who does not consent will be adequately protected. As used in this section, “noncharitable irrevocable trust” refers to a trust that is not revocable by the settlor with respect to which: No federal or state income, gift, estate, or inheritance tax charitable deduction was allowed upon transfers to the trust; and The value of all interests in the trust owned by charitable organizations does not exceed five percent (5%) of the value of the trust. Notwithstanding subsection (a), (b), or (c), the trustee may seek court approval of a modification or termination. Acts 2004, ch. 537, § 33; 2007, ch. 24, §§ 15-19; 2019, ch. 340, § 14. Amendments. The 2019 amendment redesignated the former second sentence of (b) as present (c), added present (d) and (e) and redesignated former (c)-(f) as present (f)-(i); in present (c), added the first sentence and added “Additionally,” at the beginning of the second sentence; substituted “subsection (a), (b), or (c), as applicable,” for “subsection (a) or (b)” in the introductory language of present (g); substituted “As used in this section” for “Solely for purposes of this section, the term” at the beginning of present (h); and substituted “subsection (a), (b), or (c), “ for “subsection (a)” in present (i). Effective Dates. Acts 2019, ch. 340, § 20. May 10, 2019. Law Reviews. Where There's a Will: Something Old, Something New, Something Borrowed, Something Blue: Estate Planning Tools Married To New Realities (Eddy R. Smith), 49 Tenn. B.J. 32 (2013). Where There's a Will: The Report of My Practice's Death Was an Exaggeration: The Healthy Prognosis for Estate Planning in Tennessee (Eddy R. Smith), 48 Tenn. B.J. 32 (2012).