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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A trust advisor or trust protector, other than a beneficiary, is a fiduciary with respect to each power granted to such trust advisor or trust protector. In exercising a power or refraining from exercising a power, a trust advisor or trust protector acting as a fiduciary shall act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
(b) A trust advisor or trust protector is an excluded fiduciary, regardless of whether the trust advisor or trust protector is serving in a fiduciary capacity, with respect to each power granted or reserved exclusively to any one (1) or more other trustees, trust advisors, or trust protectors.
(c) Notwithstanding subsection (a), a trust advisor or trust protector may serve in a nonfiduciary capacity when specifically appointed in such capacity, and when acting in such capacity is liable only for acting in bad faith or with reckless indifference.
Cite this article: FindLaw.com - Tennessee Code Title 35. Fiduciaries and Trust Estates § 35-15-1202 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-35-fiduciaries-and-trust-estates/tn-code-sect-35-15-1202/
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.
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