Tennessee Code Annotated

Tenn. Code Ann. § 35-15-1005 (2026)

Limitation of action for breach of trust against trustee, former trustee, trust advisor, or trust protector

✓ current as of May 2026

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(a) A beneficiary, trustee, trust advisor, or trust protector shall not commence a proceeding against a trustee, former trustee, trust advisor, or trust protector for breach of trust more than one (1) year after the earlier of:
- (1) The date the beneficiary, trustee, trust advisor, or trust protector or a representative of the beneficiary, trustee, trust advisor, or trust protector was sent information that adequately disclosed facts indicating the existence of a potential claim for breach of trust; or
- (2) The date the beneficiary, trustee, trust advisor, or trust protector or a representative of the beneficiary, trustee, trust advisor, or trust protector possessed actual knowledge of facts indicating the existence of a potential claim for breach of trust.

(b) For purposes of this section, facts indicate the existence of a potential claim for breach of trust if the facts provide sufficient information to enable the beneficiary; trustee; trust advisor; trust protector; or the representative of the beneficiary, trustee, trust advisor, or trust protector to have actual knowledge of the potential claim, or have sufficient information to be presumed to know of the potential claim or to know that an additional inquiry is necessary to determine whether there is a potential claim.

(c) If subsection (a) does not apply, a judicial proceeding against a trustee, former trustee, trust advisor, or trust protector for breach of trust must be commenced within three (3) years after the first to occur of:
- (1) The removal, resignation, or death of the trustee, former trustee, trust advisor, or trust protector;
- (2) The termination of the beneficiary's interest in the trust; or
- (3) The termination of the trust.

(d) Notwithstanding subsections (a)-(c), no trustee, trust advisor, or trust protector may commence a proceeding against a trustee or a former trustee if, under subsection (a), (b), or (c), none of the beneficiaries would be entitled to commence a proceeding against a trustee or a former trustee for a breach of trust.

(e) Notwithstanding subsections (a)-(c), no beneficiary, trustee, trust advisor, or trust protector may commence a proceeding against a trustee or former trustee for any matter covered by a final accounting approved by the court under § 35-15-205, or for any matter covered by a notice under § 35-15-817 if the provisions of § 35-15-817 were complied with and no objections were made within the time period prescribed in § 35-15-817.

Amended by 2022 Tenn. Acts, ch. 877, s 9, eff. 4/14/2022.

Amended by 2019 Tenn. Acts, ch. 340, s 12, eff. 5/10/2019.

Amended by 2017 Tenn. Acts, ch. 290, s 14, eff. 7/1/2017.

Amended by 2013 Tenn. Acts, ch. 390, s 40, eff. 7/1/2013.

Acts 2004, ch. 537, § 81.

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 2012–2025 · leading case: Julia H. \Robin\" Meyers v. First Tennessee Bank, 503 S.W.3d 365 (2016).

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Julia H. \Robin\" Meyers v. First Tennessee Bank, 503 S.W.3d 365 (2016). · cites it 21× “The issues in this case bring into sharp focus the provisions of Tenn.Code Ann. § 35-15-1005. We state the statute in its entirety: (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one (1) year after the date the beneficiary or a…”

In Re Conservatorship of Annette H. Cross (Tenn. Ct. App. 2020). · cites it 19× “Tenn. Code Ann. § 35-15-1005 (2017). Applying the language in subsection (b), Ms.”

Angelina Rae Hubbard Findley v. Richard Odel Hubbard (Tenn. Ct. App. 2018). · cites it 8× “THE UNIFORM TRUST CODE Plaintiffs assert that Tenn. Code Ann. § 35-15-1005 (a)-(b) applies to constructive and/or resulting trusts.”

John Stalnaker, Jr. v. Carole Cupp (Tenn. Ct. App. 2024). · cites it 8× “See Tenn. Code Ann. § 35-15-1005 (a)-(b) (stating that “[a] beneficiary .”

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). · cites it 8× “Freeman filed a motion to file a second amended answer with the added affirmative defense of the statute of limitations under Tennessee Code Annotated § 35-15-1005(c) regarding judicial proceedings against trustees for breach of trust.”

In Re Est. of Paul D. Freeman (2020). · cites it 5× “Thereafter, Allen Freeman filed a supplemental response to the motion to remove, contending that Conservator’s action was time barred in accordance with Tenn. Code Ann. § 35-15-1005 , which provides for a one-year statute of limitations for breach of trust actions.”

Nancy Hardison (Stokes) Williams v. Ernest K. Hardison, III (2024). · cites it 2× “-6- prior to July 1, 2016, which are barred by the statute of limitations set forth in Tenn. Code Ann. § 35-15-1005 (a).” Further, after finding that no material purpose of the Trust had been violated by the Indemnity Agreement, the trial court found that the Indemnity Agreement…”

Joseph Peter Meersman, Jr. v. Regions Morgan Keegan Trust (2025). · cites it 2× “See Tenn. Code Ann. § 35-15-1005 (a), (c); Meyers v.”

The Convention of the Protestant Episcopal Church in the Diocese of Tennessee v. The Rector, Wardens, & Vestrymen of St. Andrew's Par., a Tennessee Corp. (Tenn. Ct. App. 2012). “Tennessee Code Annotated § 35-15-1005 provides in pertinent part: (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one (1) year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately…”

— Tenn. Code Ann. § 35-15-1005(a) — 2 cases

Julia H. \Robin\" Meyers v. First Tennessee Bank, 503 S.W.3d 365 (2016). “The issues in this case bring into sharp focus the provisions of Tenn.Code Ann. § 35-15-1005. We state the statute in its entirety: (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one (1) year after the date the beneficiary or a…”

In Re Conservatorship of Annette H. Cross (Tenn. Ct. App. 2020). “Tenn. Code Ann. § 35-15-1005 (2017). Applying the language in subsection (b), Ms.”

— Tenn. Code Ann. § 35-15-1005(c) — 2 cases

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). “Freeman filed a motion to file a second amended answer with the added affirmative defense of the statute of limitations under Tennessee Code Annotated § 35-15-1005(c) regarding judicial proceedings against trustees for breach of trust.”

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