Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a) Confidential information related to trusts that is contained in court filings, including court orders, may be redacted or filed under seal without a prior court order so long as unredacted and complete copies of such filings are promptly provided to the court in camera and to all qualified beneficiaries, and the trustee and qualified beneficiaries consent to the redaction or filing under seal if the underlying matter:
(1) Does not involve third parties;
(2) Solely concerns the trustee and the qualified beneficiaries; and
(3) Relates to matters involving the validity, construction, and administration of a trust, including the duties and powers of a trustee and the rights and interests of a beneficiary.
(b) Unless the court orders otherwise, confidential information once redacted or filed under seal must be redacted or filed under seal, as applicable, without a prior court order in all subsequent filings and orders in the matter. Unredacted and complete copies of such filings and orders must be promptly provided in camera to the court and to all qualified beneficiaries, unless a court orders otherwise.
(c)(1) This section does not abridge the power of any court of competent jurisdiction to order the production of unredacted and complete copies of petitions, filings, and orders that have been redacted or filed under seal to a qualified beneficiary or any other interested person for cause shown. The existence of a compelling interest for filing documents redacted and under seal with a court must be presumed for all matters involving a trust since such matters involve purely private litigants, matters of purely private concern with little legitimate public interest, and risk serious embarrassment or specific harm from disclosure.
(2) In determining whether the presumption of a compelling interest for filing redacted documents and under seal is overcome, a court may consider, among other factors, whether:
(A) A public entity or official would benefit from secrecy;
(B) The information involves a matter of public concern; or
(C) The information is important to other litigation such that sharing the information would promote fairness and efficiency.
(d) As used in this section, “confidential information related to trusts” includes:
(1) Trust instruments, settlement agreements, modification agreements, trustee resolutions, inventories, accountings, and reports;
(2) The names and addresses of trust settlors, trustees, and beneficiaries;
(3) Trust dispositive terms, including, without limitation:
(A) Purely private litigants; and
(B) Matters of purely private concern with little legitimate public interest;
(4) Corporate and company records relating to trusts;
(5) Personally identifying information, including, without limitation, social security numbers and dates of birth; and
(6) Any other information the court deems confidential, if there is a compelling interest in protecting the confidentiality of the information which outweighs the public interest in accessing such information.
Cite this article: FindLaw.com - Tennessee Code Title 35. Fiduciaries and Trust Estates § 35-15-1106 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-35-fiduciaries-and-trust-estates/tn-code-sect-35-15-1106/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)