Special Purpose Entities (SPEs) May Now Serve as Trust Advisors in Tennessee

Recent statutory changes in Tennessee law has authorized the separation of the traditional trustee roles by allowing for the appointment of a Trust Advisor (also referred to as a Trust Protector) who can have the authority to “direct” an exercise of a power held by the Trustee, including direction concerning investment and distribution decisions. In addition to several changes to the law, it added a new Part 13 that permits the creation of Special Purpose Entities to serve as Trust Advisors for trusts for which a Tennessee corporate fiduciary is serving as Trustee.