Tennessee Code Annotated

Tenn. Code Ann. § 35-15-815 (2026)

General powers of trustee

✓ current as of May 2026

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(a) A trustee, without authorization by the court, may exercise:
- (1) Powers conferred by the terms of the trust; and
- (2) Except as limited by the terms of the trust:
  - (A) All powers over the trust property which an unmarried competent owner has over individually owned property;
  - (B) Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and
  - (C) Any other powers conferred by this chapter.

(b) The exercise of a power is subject to the fiduciary duties prescribed by this part.

Acts 2004, ch. 537, § 73.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2016–2026 · 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 15× “Tenn. Code Ann. § 35-15-815 (a) (2015). The Comments to the Official Text emphasize: “This section is intended to grant trustees the broadest possible powers,” to be exercised in accordance with a trustee’s duties “and any limitations or expansion of such powers or duties as…”

John D. Glass v. Suntrust Bank, 523 S.W.3d 61 (Tenn. Ct. App. 2016). · cites it 4× “Tenn.Code Ann. § 35-15-815 cmt. Neither Plaintiff nor his expert pointed to any provision of the will, the trust instrument, or a statute that gave rise to a duty on the part of SunTrust as trustee to convey all of Mrs.”

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. Ct. App. 2017). · cites it 15× “Tenn. Code Ann. § 35-15-815 (a) (2015). The Comments to the Official Text emphasize: “This section is intended to grant trustees the broadest possible powers,” to be exercised in accordance with a trustee’s duties “and any limitations or expansion of such powers or duties as…”

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. 2017). · cites it 15× “Tenn. Code Ann. § 35-15-815 (a) (2015). The Comments to the Official Text emphasize: “This section is intended to grant trustees the broadest possible powers,” to be exercised in accordance with a trustee’s duties “and any limitations or expansion of such powers or duties as…”

In re Est. of Lois Culp (Tenn. Ct. App. 2016). · cites it 2× “Tenn. Code Ann. § 35-15-815 (2)(A). The trustee therefore has broad discretion in choosing a method of distribution that is fair and reasonable under the circumstances unless the terms of the trust specify otherwise.”

Bakersouth, LLC v. Green Hills Mall TRG, LLC (Tenn. Ct. App. 2020). · cites it 2× “]” Tenn. Code Ann. § 35-15-815 (a)(2). The Mall has not demonstrated that the successor trustee lacked authority to convey the property simply by arguing that the probate court’s 2016 order was interlocutory or that it failed to set forth more specific authority for the…”

Clata Renee Brewer v. Metro. Gov't of Nashville & Davidson Cnty. (Tenn. Ct. App. 2026). · cites it 2× “Tenn. Code Ann. § 35-15-815 . Moreover, “[a] trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.”

Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. Ct. App. 2016). “*** (b) Unless the terms of the instrument expressly provide otherwise and without limiting the authority conferred by § 35-15-815, a trustee may: *** (14) Pay or contest any claim, settle a claim by or against the trust, and release, in whole or in part, a claim belonging to…”

— Tenn. Code Ann. § 35-15-815(a) — 3 cases

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co., 532 S.W.3d 243 (Tenn. 2017). “Tenn. Code Ann. § 35-15-815 (a) (2015). The Comments to the Official Text emphasize: “This section is intended to grant trustees the broadest possible powers,” to be exercised in accordance with a trustee’s duties “and any limitations or expansion of such powers or duties as…”

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 35-15-815 (a) (2015). The Comments to the Official Text emphasize: “This section is intended to grant trustees the broadest possible powers,” to be exercised in accordance with a trustee’s duties “and any limitations or expansion of such powers or duties as…”

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust & Inv. Co. (Tenn. 2017). “Tenn. Code Ann. § 35-15-815 (a) (2015). The Comments to the Official Text emphasize: “This section is intended to grant trustees the broadest possible powers,” to be exercised in accordance with a trustee’s duties “and any limitations or expansion of such powers or duties as…”

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