Tennessee Code Annotated
Tenn. Code Ann. § 35-15-412 (2026)
Modification or termination because of unanticipated circumstances or inability to administer trust effectively
✓ current as of May 2026
- (a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
- (b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
- (c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
Acts 2004, ch. 537, § 34.
Notes of Decisions
Cited in 1
case, 2016–2016 · leading case: In re Est. of Lois Culp (Tenn. Ct. App. 2016).
In re Est. of Lois Culp (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 35-15-412 (b). Here, based on the evidence presented at the May 5, 2014 hearing, the trial court found that converting the estate’s property into cash was necessary to prevent waste and protect the value of the estate.”
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