Tennessee Code Annotated
Tenn. Code Ann. § 35-15-1004 (2026)
Attorney's fees and costs
✓ current as of May 2026
- (a) In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
- (b) In a nonjudicial proceeding involving the administration of a trust, the trustee may pay fees, other reasonable costs and expenses from the trust assets where all of the parties to the proceeding agree in writing.
- (c) In a mediation or arbitration proceeding involving the administration of a trust, the mediator or arbitrator may award fees, other reasonable costs and expenses against the assets of the trust.
Acts 2004, ch. 537, § 80.
Notes of Decisions
Cited in 25
cases (8 in the last 5 years), 2011–2025 · leading case: In the Matter of Est. OF John J. GOZA, 397 S.W.3d 564 (Tenn. Ct. App. 2012).
In the Matter of Est. OF John J. GOZA, 397 S.W.3d 564 (Tenn. Ct. App. 2012). “” The Code Provides: In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney’s fees, to any party, to be paid by another party or from the trust that is the…”
Betty Goff C. Cartwright v. Jackson Capital Partners, Ltd. P'ship, 478 S.W.3d 596 (Tenn. Ct. App. 2015). “See Tenn.Code Ann. § 35-15-1004. Under either statute, the determination of whether such an award is warranted on appeal is within the sound discretion of this Court.”
In Re Conservatorship of Annette H. Cross (Tenn. Ct. App. 2020). “” Tenn. Code Ann. § 35-15-1004 (a) (emphasis added).”
Carolyn M. Stark v. William S. McLean (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 35-15-1004 (a). Here, the trial court’s total award pursuant to this statute was $480,000.”
Carolyn M. Stark v. William S. McLean (Tenn. Ct. App. 2023). “” Tenn. Code Ann. § 35-15-1004 . In remanding for further findings on this issue, we noted that both sides had commented on the lack of clarity that then surrounded the trial court’s award under the statute.”
In Re Est. of Philip Roseman (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 35-15-1004 (a). An award under this statute lies in the discretion of the trial court.”
In Re Willard R. Sparks Revocable Trust 2004 (Tenn. Ct. App. 2018). “” -8- pursuant to Tennessee Code Annotated § 35-15-1004. Section 35-15-1004(a) provides as follows: In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney’s fees,…”
Tigrett v. De Vos (W.D. Tenn. 2021). “) In their prayer for relief, Plaintiffs request that the Chancery Court enter an order awarding Plaintiffs all of their fees, expenses, and costs related to this matter pursuant to Tenn. Code Ann. § 35-15-1004 (a) and that the Court enter an order requiring Defendant to seek…”
Alan C. Cartwright v. Alice Cartwright Garner (Tenn. Ct. App. 2018). “§ 27-1-122 (2017) (allowing a court to award “just damages against the appellant, which may include, but need not be limited to, costs, interest on the judgment, and expenses incurred by the appellee as a result of” a frivolous appeal); Tenn. Code Ann. § 35-15-1004 (a) (2015)…”
In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019). “As a final matter, GAL Bleavins seeks an award of attorney’s fees incurred in this appeal pursuant to Tennessee Code Annotated section 35-15-1004(a): “In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs…”
In Re Trust of Katherine D. Graham (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 35-15-1004 (a). An award of appellate attorney’s fees under this section lies within this Court’s discretion.”
Nancy Hardison (Stokes) Williams v. Ernest K. Hardison, III (2024). “The fourth issue raised by Cumberland reads: “Whether the attorneys’ fees and expenses incurred by Cumberland Trust in this appeal should be awarded against the Appellant and/or the trust pursuant to Tenn.”
— Tenn. Code Ann. § 35-15-1004(2007) — 1 case
In Re: Conservatorship of Maurice M. Acree, Jr. (Tenn. Ct. App. 2014).
— Tenn. Code Ann. § 35-15-1004(a) — 14 cases
In the Matter of Est. OF John J. GOZA, 397 S.W.3d 564 (Tenn. Ct. App. 2012). “” The Code Provides: In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney’s fees, to any party, to be paid by another party or from the trust that is the…”
In Re Conservatorship of Annette H. Cross (Tenn. Ct. App. 2020). “” Tenn. Code Ann. § 35-15-1004 (a) (emphasis added).”
In Re Willard R. Sparks Revocable Trust 2004 (Tenn. Ct. App. 2018). “” -8- pursuant to Tennessee Code Annotated § 35-15-1004. Section 35-15-1004(a) provides as follows: In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney’s fees,…”
In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019). “As a final matter, GAL Bleavins seeks an award of attorney’s fees incurred in this appeal pursuant to Tennessee Code Annotated section 35-15-1004(a): “In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs…”
In Re Est. of Philip Roseman (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 35-15-1004 (a). An award under this statute lies in the discretion of the trial court.”
— Tenn. Code Ann. § 35-15-1004(a)(2007) — 1 case
In the Matter of Est. OF John J. GOZA, 397 S.W.3d 564 (Tenn. Ct. App. 2012). “” The Code Provides: In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney’s fees, to any party, to be paid by another party or from the trust that is the…”
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