{"data":{"id":"us-tn/tenn.-code-ann.-35-15-413","jurisdiction":"us-tn","citation":"Tenn. Code Ann. § 35-15-413","heading":"Cy pres","body":"(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, obsolete or ineffective: (1) The trust does not fail, in whole or in part; (2) The trust property does not revert to the settlor or the settlor's successors in interest; and (3) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner that fulfills as nearly as possible the settlor's charitable intent and purposes. (b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1) The trust property is to revert to the settlor and the settlor is still living; or (2) Fewer than twenty-one (21) years have elapsed since the date of the trust's creation. Amended by 2013 Tenn. Acts, ch. 390,s 13, eff. 7/1/2013. Acts 2004, ch. 537, § 35.\n(a) Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, obsolete or ineffective: (1) The trust does not fail, in whole or in part; (2) The trust property does not revert to the settlor or the settlor's successors in interest; and (3) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner that fulfills as nearly as possible the settlor's charitable intent and purposes.\n(1) The trust does not fail, in whole or in part;\n(2) The trust property does not revert to the settlor or the settlor's successors in interest; and\n(3) The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner that fulfills as nearly as possible the settlor's charitable intent and purposes.\n(b) A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres to modify or terminate the trust only if, when the provision takes effect: (1) The trust property is to revert to the settlor and the settlor is still living; or (2) Fewer than twenty-one (21) years have elapsed since the date of the trust's creation.\n(1) The trust property is to revert to the settlor and the settlor is still living; or\n(2) Fewer than twenty-one (21) years have elapsed since the date of the trust's creation.","path":["TN Code","Title 35","Chapter 15"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_tn_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:26Z","sha256":"b3c01b3168aa6b39d82c8752aad6b2aedeacb8a5d359486f1a2ac27025ef21a9","source_id":"us-tn","stale":false,"prev":"us-tn/tenn.-code-ann.-35-15-412","next":"us-tn/tenn.-code-ann.-35-15-414"},"notice":"GroundRules: Original legal text. Not legal advice."}