Tennessee Code Annotated
Tenn. Code Ann. § 31-1-105 (2026)
Fraudulent conveyance to defeat share voidable
✓ current as of May 2026
Any conveyance made fraudulently to children or others, with an intent to defeat the surviving spouse of the surviving spouse's distributive or elective share, is, at the election of the surviving spouse, includable in the decedent's net estate under § 31-4-101(b), and voidable to the extent the other assets in the decedent's net estate are insufficient to fund and pay the elective share amount payable to the surviving spouse under § 31-4-101(c).
Acts 1976, ch. 529, § 1; 1977, ch. 25, §§ 4, 5; T.C.A., §§ 31-105, 31-616; Acts 2002, ch. 735, § 4.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 1986–2023 · leading case: In re Est. of Parsley, 864 S.W.2d 36 (Tenn. Ct. App. 1988).
In re Est. of Parsley, 864 S.W.2d 36 (Tenn. Ct. App. 1988). “The basis for the trial court’s judgment was that the transfers were fraudulent and made for the purpose of defeating the surviving spouse’s right to her elective share of the estate in violation of T.C.A. § 31-1-105. The Court also held that the transfer of the land failed for…”
McClure v. Stegall, 729 S.W.2d 263 (Tenn. Ct. App. 1987). “First, under the authority of T.C.A. § 31-1-105, she claims that Rhubel fraudulently transferred the CDs to his mother with the intent to defeat his wife’s distributive share of his estate.”
In re Est. of Gray, 729 S.W.2d 668 (Tenn. Ct. App. 1987). “Husband relies upon T.C.A. § 31-1-105, which reads as follows: 31-1-105.”
Finley v. Finley, 726 S.W.2d 923 (Tenn. Ct. App. 1986). “Finley Scoggins, Defendants-Ap-pellees, was fraudulently made with the intent to defeat her elective share of the estate and, consequently, under the provisions of T.C.A. 31-1-105, 1 void. The Trial Court, after a full evidentiary hearing, found that the Plaintiff had not…”
Virgie Katherine Stamps v. Vickie Sharon Starnes (Tenn. Ct. App. 2021). “In this action against the decedent’s only surviving issue, his daughter, the widow sought to, inter alia, establish a constructive or resulting trust and set aside the deed as a fraudulent conveyance pursuant to Tennessee Code Annotated § 31-1-105. The widow asserted that the…”
Norma Simpson, Ind. & next of kin of J. W. Simpson v. Faye Fowler (Tenn. Ct. App. 2014). “W2013-02109-COA-R3-CV - Filed April 22, 2014 This is the second appeal of this case, involving the application of Tennessee Code Annotated Section 31-1-105 to set aside certain transfers by decedent to his long-term companion, which transfers were allegedly made with intent to…”
Norma Simpson, Individually & next of kin of J. W. Simpson v. Faye Fowler (Tenn. Ct. App. 2012). “01, and specifically made no finding that Decedent acted fraudulently or with intent to deprive Appellee of her share of the estate as required for application of Tennessee Code Annotated Section 31-1-105. Accordingly, we vacate and remand to the trial court for further…”
Will A. Cantrell v. Allen Cantrell (Tenn. Ct. App. 2004). “Will Cantrell asked the court to void his deceased wife’s conveyance of the farm to the trust, under Tenn. Code Ann. § 31-1-105 , as a fraudulent conveyance designed to defeat his rights.”
In the Matter of: The Est. of Lucille Johnson Hill (Tenn. Ct. App. 2005). “Tenn. Code Ann § 31-1-105 (2004). -4- Id.”
In re Est. of Glenda Joyce Panter Hillis (Tenn. Ct. App. 2016). “” Tenn. Code Ann. § 31-1-105 . -3- Son‟s jury demand, stating that it would conduct a bench trial on all issues because there was “no way to separate [the legal] issues from the issues of fact without the likelihood of confusing a jury .”
In Re: Est. of Mary A. Grass (Tenn. Ct. App. 2008). “(a) Whether in calculating the value of the net estate under Tennessee Code Annotated section 31-4-101(b) the trial court erred in including, as a fraudulent conveyance in violation of Tennessee Code Annotated section 31-1-105, a $160,000 amount the Decedent had transferred to…”
Robert William Arndts, by Conservator, Carol Zeliff, Darrell R. Smith v. Violet A Bonner & Tommy L. Raines (Tenn. Ct. App. 2004). “Whether the transfers of the jointly and/or individually held property should be voided pursuant to Tenn. Code Ann. §31-1-105 as fraudulent conveyances? 2.”
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