Tennessee § 35-15-507 - Personal obligations of trustee.

§ 35-15-507. Personal obligations of trustee.

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. Acts 2004, ch. 537, § 46. Textbooks. Tennessee Jurisprudence. 22 Tenn. Juris., Spendthrift Trusts, § 1. Section Comment. Because the beneficiaries of the trust hold the beneficial interest in the trust property and the trustee holds only legal title without the benefits of ownership, the creditors of the trustee have only a personal claim against the trustee. See Restatement (Third) § 5 cmt. k (Tentative Draft No. 1, approved 1996); Restatement (Second) of Trusts § 12 cmt. a (1959). Similarly, a personal creditor of the trustee who attaches trust property to satisfy the debt does not acquire title as a bona fide purchaser even if the creditor is unaware of the trust. See Restatement (Second) of Trusts § 308 (1959). The protection afforded by this section is consistent with that provided by the Bankruptcy Code. Property in which the trustee holds legal title as trustee is not part of the trustee’s bankruptcy estate. 11 U.S.C. § 541 (d). The exemption of the trust property from the personal obligations of the trustee is the most significant feature of Anglo-American trust law by comparison with the devices (e.g., fideicomisos, private foundations) available in civil law countries. A principal objective of the Hague Convention on the Law Applicable to Trusts and on their Recognition is to protect the Anglo-American trust with respect to transactions in civil law countries. See Hague Convention art. 11. See also Henry Hansmann & Ugo Mattei, The Functions of Trust Law: A Comparative Legal and Economic Analysis, 73 N.Y.U. L. Rev. 434 (1998) ; John H. Langbein, The Secret Life of the Trust: The Trust as an Instrument of Commerce, 107 Yale L.J. 165, 179-80 (1997) . Notwithstanding the above, it is important to note that the United States has not (as of May 2013) ratified such convention. Therefore, although such convention may be binding on the member-states who have ratified it, such convention has no force and effect on the United States, any state or this state (as such terms are defined in T.C.A. § 35-15-103 ). Notwithstanding that the United States has not ratified this treaty, (as of May 2013) such convention has been fully or partially entered into force by the following member-states whose legal systems are based all or in part on civil law: Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, San Marino and Switzerland. Therefore these countries are highly likely to be influenced by the treaty relative to their respective honoring of trusts.