Tennessee Code Annotated

Tenn. Code Ann. § 35-15-111 (2026)

Nonjudicial settlement agreements

✓ current as of May 2026

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(a) Except as otherwise provided in subsection (b), the trustee and the qualified beneficiaries may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.

(b) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.

(c) Matters that may be resolved by a nonjudicial settlement agreement include, but are not limited to:
- (1) The interpretation or construction of the terms of the trust;
- (2) The approval of a trustee's report or accounting;
- (3) Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
- (4) The resignation or appointment of a trustee and the determination of a trustee's compensation;
- (5) Transfer of a trust's principal place of administration;
- (6) Liability of a trustee for an action relating to the trust;
- (7) The extent or waiver of bond of a trustee;
- (8) The governing law of the trust;
- (9) The criteria for distribution to a beneficiary where the trustee is given discretion;
- (10) The resignation, appointment, and establishment of the powers and duties of trust protectors or trust advisors; and
- (11) The approval of an investment decision, delegation, policy, plan, or program.

(d) Any qualified beneficiary or trustee may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in part 3 of this chapter was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.

Amended by 2021 Tenn. Acts, ch. 420, s 6, eff. 7/1/2021.

Acts 2004, ch. 537, § 12; 2007 , ch. 24, §§ 7 - 9.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2017–2024 · leading case: Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co., 532 S.W.3d 243 (Tenn. 2017).

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Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co., 532 S.W.3d 243 (Tenn. 2017). · cites it 2× “” Tenn. Code Ann. § 35-15-111 ,2013 Restated Comments.”

Nancy Hardison (Stokes) Williams v. Ernest K. Hardison, III (2024). · cites it 7× “, January 2005, at 24, 25 (2005) (citing Tenn. Code Ann. § 35-15-111 ). The Act now authorizes a trustee and the qualified beneficiaries of a trust to resolve “any matter involving a trust,” specifically including, but not limited to, the “[d]irection to a trustee to refrain…”

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. Ct. App. 2017). · cites it 6× “” Tenn. Code Ann. § 35-15-111 (a) (2015). Comments to the Trust Code shed light on the drafters’ favorable view of arbitration: “While the Tennessee Uniform Trust Code recognizes that a court may intervene in the administration of a trust to the extent its jurisdiction is…”

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. 2017). · cites it 6× “” Tenn. Code Ann. § 35-15-111 (a) (2015). Comments to the Trust Code shed light on the drafters’ favorable view of arbitration: “While the Tennessee Uniform Trust Code recognizes that a court may intervene in the administration of a trust to the extent its jurisdiction is…”

— Tenn. Code Ann. § 35-15-111(a) — 2 cases

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 35-15-111 (a) (2015). Comments to the Trust Code shed light on the drafters’ favorable view of arbitration: “While the Tennessee Uniform Trust Code recognizes that a court may intervene in the administration of a trust to the extent its jurisdiction is…”

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. 2017). “” Tenn. Code Ann. § 35-15-111 (a) (2015). Comments to the Trust Code shed light on the drafters’ favorable view of arbitration: “While the Tennessee Uniform Trust Code recognizes that a court may intervene in the administration of a trust to the extent its jurisdiction is…”

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