Tennessee § 35-15-1002 - Damages for breach of trust.

Full text of Tennessee Tennessee Code Annotated § 35-15-1002 — Damages for breach of trust., with citation guidance and answers to common questions.

§ 35-15-1002. Damages for breach of trust.

Except as otherwise provided in § 35-3-117(a)-(d) with regard to investment of trust funds or elsewhere in this chapter, a trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or The profit the trustee made by reason of the breach. Except as otherwise provided in this subsection (b), if more than one (1) trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. Acts 2004, ch. 537, § 78.

Source: official Tennessee text · Last verified 2026-08-27

Frequently Asked Questions About Tennessee § 35-15-1002

What does Tennessee Code Annotated § 35-15-1002 cover?

Section 35-15-1002 ("Damages for breach of trust.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Tennessee § 35-15-1002?

A common citation format is "Tennessee Code Annotated § 35-15-1002" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Tennessee law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.

How does Tennessee § 35-15-1002 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.