(a) Absent clear and convincing evidence, no settlor of an irrevocable trust may be deemed to be the alter ego of a trustee of such trust.(b) None of the following factors, by themselves or in combination, may be considered sufficient evidence for a court to conclude that the settlor controls a trustee, or is the alter ego of a trustee of such trust: (1) Any combination of the factors listed in § 35-15-1105 regarding dominion and control over a trust;(2) Isolated occurrences where the settlor has signed checks, made disbursements, or executed other documents related to such trust as a trustee, a trust advisor or a trust protector, when in fact the settlor was not such a trustee, trust advisor or trust protector;(3) Making any requests for distributions on behalf of beneficiaries; or(4) Making any requests to the trustee to hold, purchase, or sell any trust property.Added by 2013 Tenn. Acts, ch. 390,s 52, eff. 7/1/2013.
Tennessee Legal Code