Tennessee Code Annotated

Tenn. Code Ann. § 35-15-401 (2026)

Methods of creating trust

✓ current as of May 2026

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A trust may be created by:

(1) The transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;

(2) The declaration by the owner of property that the owner holds identifiable property as trustee;

(3) The exercise of a power of appointment in favor of a trustee; or

(4) A court pursuant to its statutory or equitable powers.

Acts 2004, ch. 537, § 23.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2015–2026 · leading case: In re Est. of Lois Culp (Tenn. Ct. App. 2016).

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In re Est. of Lois Culp (Tenn. Ct. App. 2016). · cites it 2× “See Tenn. Code Ann. § 35-15-401 (1) (“A trust may be created by .”

State of Tennessee v. Justin W. Walkington (Tenn. Crim. App. 2020). · cites it 2× “T.C.A. § 35-15-401(b). We begin by noting that “[t]o sustain a conviction of a lesser-included offense, the proof must be sufficient to support each and every element of the conviction offense.”

Ajit C. Desai v. B. G. Naik Trust (Tenn. Ct. App. 2026). · cites it 2× “See Tenn. Code Ann. § 35-15-401 (a). However, Tennessee law recognizes two principal categories of express trusts: inter vivos trusts, created and operative during the settlor’s lifetime, and testamentary trusts, which arise by operation of a valid will and take effect only upon…”

Rutherford Wrestling Club, Inc. v. Robert Arnold (Tenn. Ct. App. 2015). “RESULTING TRUST Tennessee Code Annotated § 35-15-401 (2007) authorizes a court to create a resulting trust pursuant to its “statutory or equitable powers.”

— Tenn. Code Ann. § 35-15-401(b) — 1 case

State of Tennessee v. Justin W. Walkington (Tenn. Crim. App. 2020). “T.C.A. § 35-15-401(b). We begin by noting that “[t]o sustain a conviction of a lesser-included offense, the proof must be sufficient to support each and every element of the conviction offense.”

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