Tennessee Code Annotated
Tenn. Code Ann. § 35-15-1001 (2026)
Remedies for breach of trust
✓ current as of May 2026
- (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
- (b) To remedy a breach of trust that has occurred or may occur, the court may:
- (1) Compel the trustee to perform the trustee's duties;
- (2) Enjoin the trustee from committing a breach of trust;
- (3) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
- (4) Order a trustee to account;
- (5) Appoint a special fiduciary to take possession of the trust property and administer the trust;
- (6) Suspend the trustee;
- (7) Remove the trustee as provided in § 35-15-706;
- (8) Reduce or deny compensation to the trustee;
- (9) Subject to § 35-15-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
- (10) Order any other appropriate relief whether provided elsewhere in this chapter, available at common law or under equity principles.
Acts 2004, ch. 537, § 77.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 2012–2025 · leading case: Orlowski v. Bates, 146 F. Supp. 3d 908 (W.D. Tenn. 2015).
Orlowski v. Bates, 146 F. Supp. 3d 908 (W.D. Tenn. 2015). “Although a "breach of trust” is actionable in the State of Tennessee, it is an action that relates to trust instruments, which are not at issue in this case, See Tenn. Code Ann. § 35-15-1001 et seq.; Kennard v.”
John D. Glass v. Suntrust Bank, 523 S.W.3d 61 (Tenn. Ct. App. 2016). “]” Tenn.Code Ann. § 35-15-1001(a). The initial burden to establish a breach of trust rests with the.”
Elm Child.'s Educ. Trust v. Wells Fargo Bank, N.A., 468 S.W.3d 529 (Tenn. Ct. App. 2014). “§ 35-15-1001 (2007) (providing that a court may suspend or remove a trustee, among other things, to remedy a breach of trust).”
In Re Est. of Richard Wayne Penniman (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 35-15-706 (b). “A violation by a [personal representative] of a duty the [personal representative] owes to a beneficiary is a breach of trust.”
In Re: Est. of John J. Burnette (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 35-15-1001 (b) states, “[t]o remedy a breach of trust that has occurred or may occur, the court may: .”
In Re Est. of Paul D. Freeman (2020). “” Tenn. Code Ann. § 35-15-1001 (a). When a court finds that a trustee is liable -8- for breach of trust, the court may remove the trustee in accordance with Tenn.”
Joseph Peter Meersman, Jr. v. Regions Morgan Keegan Trust (2025). “See Tenn. Code Ann. § 35-15-1001 (a) (“A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
Julia H. \Robin\" Meyers v. First Tennessee Bank, 503 S.W.3d 365 (2016). “” Tenn.Code Ann. § 35-15-1001(a) (2007), In the email sent May 26, 2005, Emil and Robin Meyers expressed their expectation that the Trustee would conduct certain inspections.”
The Edward Jackson Younger Fam. Irrevocable Trust, by & Through Angela Tracy Younger, Tr. v. Evelyn W. Ross, Personally & Individually & as Settlor of the Evelyn W. Ross Irrevocable Life Ins. Trust (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 35-15-1001 (a) (West July 1, 2004, to current).”
Betty C. Goff Cartwright v. Jackson Capital (Tenn. Ct. App. 2012). “” Tenn. Code Ann. § 35-15-1001 (a). 3 The defendants also argued in their motion for partial summary judgment that to the extent that Alan was challenging their decision to invest trust assets in the family limited partnership, he similarly could not prove that their decision…”
In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019). “(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under § 35-15-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries.”
— Tenn. Code Ann. § 35-15-1001(a) — 2 cases
John D. Glass v. Suntrust Bank, 523 S.W.3d 61 (Tenn. Ct. App. 2016). “]” Tenn.Code Ann. § 35-15-1001(a). The initial burden to establish a breach of trust rests with the.”
Julia H. \Robin\" Meyers v. First Tennessee Bank, 503 S.W.3d 365 (2016). “” Tenn.Code Ann. § 35-15-1001(a) (2007), In the email sent May 26, 2005, Emil and Robin Meyers expressed their expectation that the Trustee would conduct certain inspections.”
— Tenn. Code Ann. § 35-15-1001(b) — 2 cases
In Re: Est. of John J. Burnette (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 35-15-1001 (b) states, “[t]o remedy a breach of trust that has occurred or may occur, the court may: .”
In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019). “(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under § 35-15-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries.”
— Tenn. Code Ann. § 35-15-1001(b)(10) — 1 case
In Re Est. of Richard Wayne Penniman (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 35-15-706 (b). “A violation by a [personal representative] of a duty the [personal representative] owes to a beneficiary is a breach of trust.”
— Tenn. Code Ann. § 35-15-1001(b)(13) — 1 case
In Re Est. of Richard Wayne Penniman (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 35-15-706 (b). “A violation by a [personal representative] of a duty the [personal representative] owes to a beneficiary is a breach of trust.”
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