Law Supplemental to Chapter — Applicability of Certain Sections of Restatement of Trusts

  1. Law
  2. Tennessee Code
  3. Fiduciaries and Trust Estates
  4. Tennessee Uniform Trust Code
  5. General Provisions and Definitions
  6. Law Supplemental to Chapter — Applicability of Certain Sections of Restatement of Trusts

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  1. The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.
  2. Notwithstanding subsection (a):
    1. No provision in a trust directing or authorizing accumulation of trust income shall be invalid; and
    2. The traditional common law distinction between a discretionary trust and a support trust and the dual judicial review standards related to this distinction shall be maintained. Unless specifically provided otherwise in this chapter, courts shall not consult, rely on or give any persuasive value to the Restatement (Third) of Trusts §§ 50, 56, 58, 59 or 60, nor any of the comments under such sections or related thereto, none of which have any force or effect relative to trusts governed by the laws of this state.


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