Role · 5 min read
The majority rule, and participation
Cotrustees who are unable to reach a unanimous decision may act by majority decision (Tenn. Code Ann. § 35-15-703(a)); where a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust ((b)). A cotrustee participates in the performance of a trustee's function unless unavailable because of absence, illness, disqualification or another temporary incapacity, or the cotrustee has properly delegated the function to another trustee ((c)); where a cotrustee is unavailable and prompt action is necessary to achieve the trust's purposes or avoid injury to its property, the remaining cotrustee or a majority of them may act ((d)). A trustee may not delegate to a cotrustee a function the settlor reasonably expected the trustees to perform jointly, but may otherwise delegate and revoke the delegation ((e)).
Dissent, and the duty to prevent a serious breach
A trustee who does not join in an action of another trustee is not liable for it ((f)), but each trustee exercises reasonable care to prevent a cotrustee from committing a serious breach of trust and to compel a cotrustee to redress one ((g)). A dissenting trustee who joins an action at the direction of the majority, and who notified any cotrustee of the dissent at or before the time of the action, is not liable for it unless it is a serious breach of trust ((h)). Each cotrustee keeps the other cotrustees, and the other fiduciaries, reasonably informed about the administration ((i)).
The statutes, verbatim
Cotrustees
Tenn. Code Ann. § 35-15-703 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Vacancy in trusteeship; appointment of successor
Tenn. Code Ann. § 35-15-704 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation by trustee
Tenn. Code Ann. § 35-15-807 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Common questions
Do Tennessee cotrustees have to agree unanimously?
No. Cotrustees who cannot reach a unanimous decision may act by majority decision (Tenn. Code Ann. § 35-15-703(a)).
How does a Tennessee cotrustee avoid liability for a decision the cotrustee opposed?
By notifying a cotrustee of the dissent at or before the time of the action; the dissenting trustee is then not liable unless the action is a serious breach of trust (Tenn. Code Ann. § 35-15-703(h)) — and every trustee exercises reasonable care to prevent and redress a serious breach ((g)).
Can one Tennessee cotrustee act alone?
Where a vacancy occurs, on a proper delegation, or where a cotrustee is unavailable and prompt action is necessary (Tenn. Code Ann. § 35-15-703(b)–(e)); otherwise the cotrustees act together or by majority.
Related reading
The Learning Center is general information about Tennessee law — not legal advice, and not a substitute for advice from a licensed Tennessee attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- Do Tennessee cotrustees have to agree unanimously?
- No. Cotrustees who cannot reach a unanimous decision may act by majority decision (Tenn. Code Ann. § 35-15-703(a)).
- How does a Tennessee cotrustee avoid liability for a decision the cotrustee opposed?
- By notifying a cotrustee of the dissent at or before the time of the action; the dissenting trustee is then not liable unless the action is a serious breach of trust (Tenn. Code Ann. § 35-15-703(h)) — and every trustee exercises reasonable care to prevent and redress a serious breach ((g)).
- Can one Tennessee cotrustee act alone?
- Where a vacancy occurs, on a proper delegation, or where a cotrustee is unavailable and prompt action is necessary (Tenn. Code Ann. § 35-15-703(b)–(e)); otherwise the cotrustees act together or by majority.
General information about Tennessee law, not legal advice.