reglab/housing_qa huggingface dataset:
KS Stat § 58a-204 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 2 - Judicial Proceedings|58a-204 Venue.

58a-204. Venue. (a) Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration has been, is or will be located or in the county in which any real property in which the trust has an interest is located and, if the trust is created by will and the estate is not yet closed, in the county in which the decedent's estate is being administered.(b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a county of this state in which a beneficiary resides, in a county in which any trust property is located, and if the trust is created by will, in the county in which the decedent's estate was or is being administered.History: L. 2002, ch. 133, § 16; Jan. 1, 2003.
KS Stat § 58a-205 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 2 - Judicial Proceedings|58a-205 Enforceability of mediation or arbitration provisions.

58a-205. Enforceability of mediation or arbitration provisions. (a) (1) Except as provided in subsection (a)(2), a provision in a trust instrument requiring the mediation or arbitration of disputes between or among beneficiaries, a fiduciary, a person granted nonfiduciary powers under the trust instrument, or any combination thereof, is enforceable.(2) A provision in a trust instrument requiring the mediation or arbitration of a dispute relating to the validity of a trust is not enforceable, unless all interested persons to the dispute consent to mediation or arbitration of such dispute.(b) This section shall be part of and supplemental to the Kansas uniform trust code.History: L. 2018, ch. 90, § 32; July 1.
KS Stat § 58a-301 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 3 - Representation|58a-301 Representation: basic effect.

58a-301. Representation: basic effect. (a) Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person.(b) The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.(c) Except as otherwise provided in K.S.A. 58a-411 and 58a-602, and amendments thereto, a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.History: L. 2002, ch. 133, § 17; Jan. 1, 2003.
KS Stat § 58a-302 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 3 - Representation|58a-302 Representation by holder of general testamentary power of appointment.

58a-302. Representation by holder of general testamentary power of appointment. To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.History: L. 2002, ch. 133, § 18; Jan. 1, 2003.
KS Stat § 58a-303 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 3 - Representation|58a-303 Representation by fiduciaries and parents.

58a-303. Representation by fiduciaries and parents. To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:(1) A conservator may represent and bind the estate that the conservator controls;(2) a guardian may represent and bind the ward within the scope of the guardian's powers and duties;(3) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;(4) a trustee may represent and bind the beneficiaries of the trust;(5) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and(6) a parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed.History: L. 2002, ch. 133, § 19; Jan. 1, 2003.
KS Stat § 58a-304 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 3 - Representation|58a-304 Representation by person having substantially identical interest.

58a-304. Representation by person having substantially identical interest. Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.History: L. 2002, ch. 133, § 20; Jan. 1, 2003.
KS Stat § 58a-305 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 3 - Representation|58a-305 Appointment of representative.

58a-305. Appointment of representative. (a) If the court or trustee determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, the court may appoint or the trustee may retain a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.(b) A representative may act on behalf of the individual represented with respect to any matter arising under this code, whether or not a judicial proceeding concerning the trust is pending.(c) In making decisions, a representative may consider general benefit accruing to the living members of the individual's family.History: L. 2002, ch. 133, § 21; Jan. 1, 2003.
KS Stat § 58a-401 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-401 Methods of creating trust.

58a-401. Methods of creating trust. A trust may be created by:(1) Transfer of property to another person as trustee or to the trust in the trusts' name during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;(2) declaration by the owner of property that the owner holds property as trustee, so long as such property would not otherwise pass at the owner's death by a beneficiary designation to a party other than the trust; or(3) exercise of a power of appointment in favor of a trustee.History: L. 2002, ch. 133, § 22; L. 2004, ch. 158, § 4; July 1.
KS Stat § 58a-402 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-402 Requirements for creation.

58a-402. Requirements for creation. (a) A trust is created only if:(1) The settlor has capacity to create a trust;(2) the settlor indicates an intention to create the trust;(3) the trust has a definite beneficiary or is:(A) A charitable trust;(B) a trust for the care of an animal, as provided in K.S.A. 58a-408, and amendments thereto; or(C) a trust for a noncharitable purpose, as provided in K.S.A. 58a-409, and amendments thereto;(4) the trustee has duties to perform; and(5) the same person is not the sole trustee and sole beneficiary.(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.History: L. 2002, ch. 133, § 23; Jan. 1, 2003.
KS Stat § 58a-403 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-403 Trusts created in other jurisdictions.

58a-403. Trusts created in other jurisdictions. A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation:(1) The settlor was domiciled, had a place of abode, or was a national;(2) a trustee was domiciled or had a place of business; or(3) any trust property was located.History: L. 2002, ch. 133, § 24; Jan. 1, 2003.
KS Stat § 58a-404 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-404 Trust purposes.

58a-404. Trust purposes. A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.History: L. 2002, ch. 133, § 25; Jan. 1, 2003.
KS Stat § 58a-405 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-405 Charitable purposes; enforcement.

58a-405. Charitable purposes; enforcement. (a) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.(c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.History: L. 2002, ch. 133, § 26; Jan. 1, 2003.
KS Stat § 58a-406 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-406 Creation of trust induced by fraud, duress, or undue influence.

58a-406. Creation of trust induced by fraud, duress, or undue influence. (a) A trust is void to the extent its creation was induced by fraud, duress, or undue influence.(b) Any provision in a trust, written or prepared for another person, that transfers property and that gives the writer or preparer or the writer or preparer's parent, children, issue, sibling or spouse any direct or indirect benefit is invalid unless: (1) The writer or preparer is related to the settlor by blood, marriage or adoption and the benefit is not more than the writer or preparer or the writer or preparer's parent, children, issue, sibling or spouse would receive under the laws of intestate succession, if the transfer or benefit passed in that manner; or (2) it affirmatively appears that the settlor had read or knew the contents of the trust and had independent legal advice with reference thereto. The words "children" and "issue" as used in this section, are defined in K.S.A. 59-501, and amendments thereto.History: L. 2002, ch. 133, § 27; L. 2004, ch. 158, § 5; July 1.
KS Stat § 58a-407 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-407 Evidence of oral trust.

58a-407. Evidence of oral trust. Except as required by K.S.A. 59-606, and amendments thereto, with respect to testamentary trusts or K.S.A. 33-105, 33-106 and 58-2401, and amendments thereto, a trust need not be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.History: L. 2002, ch. 133, § 28; Jan. 1, 2003.
KS Stat § 58a-408 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-408 Trust for care of animal.

58a-408. Trust for care of animal. (a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use may be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.History: L. 2002, ch. 133, § 29; Jan. 1, 2003.
KS Stat § 58a-409 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-409 Noncharitable trust without ascertainable beneficiary.

58a-409. Noncharitable trust without ascertainable beneficiary. Except as otherwise provided in K.S.A. 58a-408, and amendments thereto, or by another statute, the following rules apply:(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 21 years.(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.(3) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use may be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.History: L. 2002, ch. 133, § 30; Jan. 1, 2003.
KS Stat § 58a-410 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-410 Modification or termination of trust; proceedings for approval or disapproval.

58a-410. Modification or termination of trust; proceedings for approval or disapproval. (a) In addition to the methods of termination prescribed by K.S.A. 58a-411 through 58a-414, and amendments thereto, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.(b) A proceeding to approve or disapprove a proposed modification or termination under K.S.A. 58a-411 through 58a-416, and amendments thereto, or trust combination or division under K.S.A. 58a-417, and amendments thereto, may be commenced by a trustee or qualified beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under K.S.A. 58a-411, and amendments thereto, may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under K.S.A. 58a-413, and amendments thereto.History: L. 2002, ch. 133, § 31; Jan. 1, 2003.
KS Stat § 58a-411 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-411 Modification or termination of noncharitable irrevocable trust by consent.

58a-411. Modification or termination of noncharitable irrevocable trust by consent. (a) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all qualified beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's modification or termination may be exercised by an attorney in fact under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed. This subsection does not apply to irrevocable trusts created before, or to revocable trusts that became irrevocable before, January 1, 2003.(b) A noncharitable irrevocable trust may be terminated upon consent of all of the qualified beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the qualified beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.(c) A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust.(d) Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the qualified beneficiaries.(e) If not all of the qualified beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by the court if the court is satisfied that:(1) If all of the qualified beneficiaries had consented, the trust could have been modified or terminated under this section; and(2) the interests of a qualified beneficiary who does not consent will be adequately protected.History: L. 2002, ch. 133, § 32; L. 2004, ch. 158, § 6; L. 2006, ch. 23, § 6; L. 2012, ch. 110, § 1; July 1.
KS Stat § 58a-412 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively.

58a-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.History: L. 2002, ch. 133, § 33; Jan. 1, 2003.
KS Stat § 58a-414 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-414 Termination of uneconomic trust.

58a-414. Termination of uneconomic trust. (a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $100,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.(b) The court may modify or terminate a trust or remove the trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.(d) This section does not apply to an easement for conservation or preservation.(e) This section does not apply to any trust if its assets are distributable to the trustee or anyone the trustee is obligated to support.History: L. 2002, ch. 133, § 35; Jan. 1, 2003.
KS Stat § 58a-415 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-415 Reformation to correct mistakes.

58a-415. Reformation to correct mistakes. The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.History: L. 2002, ch. 133, § 36; Jan. 1, 2003.
KS Stat § 58a-416 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-416 Modification to achieve settlor's tax objectives.

58a-416. Modification to achieve settlor's tax objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.History: L. 2002, ch. 133, § 37; Jan. 1, 2003.