reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 6 - Revocable Trusts › 58a-601 Capacity of settlor of revocable trust.

58a-601.
Capacity of settlor of revocable trust.
The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
History:
L. 2002, ch. 133, § 45; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 6 - Revocable Trusts › 58a-602 Revocation or amendment of revocable trust.

58a-602.
Revocation or amendment of revocable trust.
(a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2003.
(b) If a revocable trust is created or funded by more than one settlor:
(1) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;
(2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and
(3) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.
(c) The settlor may revoke or amend a revocable trust:
(1) By substantial compliance with a method provided in the terms of the trust; or
(2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by:
(A) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or
(B) any other method manifesting clear and convincing evidence of the settlor's intent.
(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.
(e) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an attorney in fact under a power of attorney only to the extent expressly authorized by the power of attorney.
(f) A conservator of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship.
(g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
History:
L. 2002, ch. 133, § 46; L. 2003, ch. 58, § 17; L. 2004, ch. 158, § 9; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 6 - Revocable Trusts › 58a-603 Settlor's powers; powers of withdrawal; incapacitation of settlor; hearing.

58a-603. Settlor's powers; powers of withdrawal; incapacitation of settlor; hearing.
(a) While a trust is revocable, the duties of the trustee are owed exclusively to the settlor. While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(b) During the period a power of withdrawal may be exercised, the holder of the power has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
(c) (1) If a settlor of a revocable trust is or becomes an incapacitated person, on petition of the settlor's legal representative, an adult member of the settlor's family or any interested person, including a person interested in the welfare of the settlor, for good cause shown, the court may: Order the trustee to exercise or refrain from exercising the trustee's authority in a manner inconsistent with the trustee's fiduciary responsibilities under the provisions of the trust; remove the trustee; require the trustee to account; and issue such other orders as the court finds will be in the best interests of the settlor.
(2) (A) The court may require any person petitioning for any such order to file a bond in such amount and with such sureties as required by the court to indemnify either the trustee or the trust estate for the expenses, including attorney fees, incurred with respect to such proceeding.
(B) None of the actions described in this section shall be taken by the court until after hearing upon reasonable notice to the trustee, the settlor, and any legal representative of the settlor, such as a conservator or attorney-in-fact under a durable power of attorney authorizing the attorney-in-fact to act on the behalf of the settlor in such matters.
(C) If there is no legal representative of the settlor, the court shall appoint a guardian ad litem to represent the settlor in such proceeding.
(D) In the event of an emergency as determined by the court, the court, without notice, may enter such temporary order as seems proper to the court, but no such temporary order shall be effective for more than 30 days unless extended by the court after hearing on reasonable notice to the persons identified as herein provided.
History:
L. 2002, ch. 133, § 47; L. 2004, ch. 158, § 10; L. 2006, ch. 23, § 10; L. 2022, ch. 16, § 21; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 6 - Revocable Trusts › 58a-604 Limitation on action contesting validity of revocable trust; distribution of trust property.

58a-604.
Limitation on action contesting validity of revocable trust; distribution of trust property.
(a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:
(1) One year after the settlor's death; or
(2) four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
(1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
History:
L. 2002, ch. 133, § 48; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-701 Accepting or declining trusteeship.

58a-701.
Accepting or declining trusteeship.
(a) Except as otherwise provided in subsection (c), a person designated as trustee accepts the trusteeship:
(1) By substantially complying with a method of acceptance provided in the terms of the trust; or
(2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.
(c) A person designated as trustee, without accepting the trusteeship, may:
(1) Act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and
(2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
History:
L. 2002, ch. 133, § 49; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-702 Trustee's bond.

58a-702.
Trustee's bond.
(a) A trustee shall give bond to secure performance of the trustee's duties unless otherwise waived or modified by the terms of the trust.
(b) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.
(c) A regulated financial-service institution qualified to do trust business in this state need not give bond, even if required by the terms of the trust.
History:
L. 2002, ch. 133, § 50; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-703 Cotrustees.

58a-703. Cotrustees.
(a) Cotrustees who are unable to reach a unanimous decision may act by majority decision.
(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
(c) Subject to K.S.A. 2023 Supp. 58-5012, and amendments thereto, a cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.
(d) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.
(e) A trustee may not delegate to a cotrustee the performance of a function the settlor reasonably expected the trustees to perform jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.
(f) Except as otherwise provided in subsection (g), a trustee who does not join in an action of another trustee is not liable for the action.
(g) Subject to K.S.A. 2023 Supp. 58-5012, and amendments thereto, each trustee shall exercise reasonable care to:
(1) Prevent a cotrustee from committing a breach of trust; and
(2) compel a cotrustee to redress a breach of trust.
(h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent, in writing, at or before the time of the action is not liable for the action.
History:
L. 2002, ch. 133, § 51; L. 2022, ch. 16, § 22; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-704 Vacancy in trusteeship; appointment of successor.

58a-704.
Vacancy in trusteeship; appointment of successor.
(a) A vacancy in a trusteeship occurs if:
(1) A person designated as trustee rejects the trusteeship;
(2) a person designated as trustee cannot be identified or does not exist;
(3) a trustee resigns;
(4) a trustee is disqualified or removed;
(5) a trustee dies; or
(6) a guardian or conservator is appointed for an individual serving as trustee.
(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:
(1) By a person designated in the terms of the trust to act as successor trustee;
(2) by a person appointed by unanimous agreement of the qualified beneficiaries; or
(3) by a person appointed by the court.
(d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:
(1) By a person designated in the terms of the trust to act as successor trustee;
(2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the attorney general concurs in the selection; or
(3) by a person appointed by the court.
(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
History:
L. 2002, ch. 133, § 52; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-705 Resignation of trustee.

58a-705.
Resignation of trustee.
(a) A trustee may resign:
(1) Upon at least 30 days' notice to the qualified beneficiaries and all cotrustees; or
(2) with the approval of the court.
(b) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.
(c) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.
History:
L. 2002, ch. 133, § 53; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-706 Removal of trustee.

58a-706.
Removal of trustee.
(a) The settlor, if living, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(b) The court may remove a trustee if:
(1) The trustee has committed a breach of trust;
(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries and is consistent with the terms of the trust; or
(4) there has been a substantial change of circumstances and the court finds that removal of the trustee best serves the interests of all of the beneficiaries, is consistent with the terms of the trust, is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection (b) of K.S.A. 58a-1001, and amendments thereto, as may be necessary to protect the trust property or the interests of the beneficiaries.
History:
L. 2002, ch. 133, § 54; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-707 Delivery of property by former trustee.

58a-707.
Delivery of property by former trustee.
(a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.
History:
L. 2002, ch. 133, § 55; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-708 Compensation of trustee.

58a-708.
Compensation of trustee.
(a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.
(b) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as provided, except as such compensation may be increased or decreased upon approval by the trustee and by unanimous consent of the qualified beneficiaries who do not have a conflict of interest.
(c) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:
(1) The duties of the trustee are substantially different from those contemplated when the trust was created; or
(2) the compensation specified by the terms of the trust would be unreasonably low or high.
History:
L. 2002, ch. 133, § 56; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 7 - Office Of Trustee › 58a-709 Reimbursement of expenses.

58a-709.
Reimbursement of expenses.
(a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:
(1) Expenses that were properly incurred in the administration of the trust; and
(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
History:
L. 2002, ch. 133, § 57; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-801 Duty to administer trust.

58a-801.
Duty to administer trust.
Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code.
History:
L. 2002, ch. 133, § 58; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-803 Impartiality.

58a-803.
Impartiality.
If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.
History:
L. 2002, ch. 133, § 60; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-804 Prudent administration.

58a-804.
Prudent administration.
A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
History:
L. 2002, ch. 133, § 61; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-805 Costs of administration.

58a-805.
Costs of administration.
In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
History:
L. 2002, ch. 133, § 62; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-806 Trustee's skills.

58a-806.
Trustee's skills.
A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.
History:
L. 2002, ch. 133, § 63; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-807 Delegation by trustee.

58a-807.
Delegation by trustee.
(a) A trustee may delegate duties and powers, other than investment and management functions, that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and
(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.
(b) A trustee may delegate investment and management functions in accord with K.S.A. 58-24a01 et seq., and amendments thereto.
(c) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.
(d) A trustee who complies with subsection (a) is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.
(e) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.
History:
L. 2002, ch. 133, § 64; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-809 Control and protection of trust property .

58a-809.
Control and protection of trust property .
A trustee shall take reasonable steps to take control of and protect the trust property.
History:
L. 2002, ch. 133, § 66; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-810 Recordkeeping and identification of trust property; property acquisition and conveyance.

58a-810.
Recordkeeping and identification of trust property; property acquisition and conveyance.
(a) A trustee shall keep adequate records of the administration of the trust.
(b) A trustee shall keep trust property separate from the trustee's own property.
(c) Except as otherwise provided in subsection (d), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
(e) Any property may be acquired in the name of the trust or in the name of the trustee. Property titled in the trust name may be conveyed in the trust name or in the name of the trustee of that trust, provided that the trust name is clearly set forth in the conveyance.
History:
L. 2002, ch. 133, § 67; L. 2004, ch. 158, § 12; L. 2007, ch. 29, § 1; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-811 Enforcement and defense of claims.

58a-811.
Enforcement and defense of claims.
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
History:
L. 2002, ch. 133, § 68; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-812 Collecting trust property.

58a-812.
Collecting trust property.
A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.
History:
L. 2002, ch. 133, § 69; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-814 Discretionary powers.

58a-814.
Discretionary powers.
Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
History:
L. 2002, ch. 133, § 71; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-815 General powers of trustee.

58a-815.
General powers of trustee.
(a) A trustee, without authorization by the court, may exercise:
(1) Powers conferred by the terms of the trust; and
(2) except as limited by the terms of the trust:
(A) All powers over the trust property which an unmarried competent owner has over individually owned property;
(B) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and
(C) any other powers conferred by this code.
(b) The exercise of a power is subject to the fiduciary duties prescribed by this article.
History:
L. 2002, ch. 133, § 72; L. 2004, ch. 158, § 14; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-817 Distribution upon termination.

58a-817.
Distribution upon termination.
(a) Upon termination or partial termination of a trust, the trustee may send to the qualified beneficiaries a proposal for distribution. The right of any qualified beneficiary to object to the proposed distribution terminates if the qualified beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the qualified beneficiary of the right to object and of the time allowed for objection.
(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
(c) A release, upon termination or partial termination of a trust, by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
(1) It was induced by improper conduct of the trustee; or
(2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.
History:
L. 2002, ch. 133, § 74; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 8 - Duties And Powers Of Trustee › 58a-818 Debts of deceased settlor; notice.

58a-818.
Debts of deceased settlor; notice.
(1) Any trustee who has a duty or power to pay the debts of a deceased settlor may give notice to creditors thereof. Such notice shall be published once a week for three consecutive weeks in a newspaper, authorized by law to publish legal notices, of the county in which the deceased settlor was a resident. The publication notice to creditors shall be to all persons concerned. It shall state the name and address of the trustee, the name of the deceased settlor, the name of the trust from which the debts of the decedent may be paid upon receipt of proper proof thereof, and shall notify the creditors to present such claims to the trustee within the later of:
(a) Four months from the date of the first published notice; or
(b) thirty days after receipt of the actual notice directed by subsection (2), or be forever barred as against the trustee and the trust property.
(2) Any trustee publishing a notice to creditors under the provisions of subsection (1) shall also give actual notice to known or reasonably ascertainable creditors prior to the expiration of the period described in subsection (1)(a).
(3) The claim of a creditor of a deceased settlor shall be forever barred as against the trustee and the trust property unless the claim is presented to the trustee within the later of:
(a) Four months from the date of the first publication of the notice under subsection (1); or
(b) if the creditor is known or reasonably ascertainable, 30 days after actual notice was given.
(4) Nothing in this section shall affect or prevent the enforcement of a claim arising out of tort against the decedent within the period of the statute of limitations provided for an action on such claim. Any recovery by the claimant in such action shall not affect the distribution of the assets of the trust unless a claim was presented to the trustee within the time allowed for filing claims under subsection (1). The action may be filed in any court of competent jurisdiction and the rules of pleading and procedure in the action shall be the same as apply in civil actions. The trust may be terminated and the trustee promptly discharged when the statute of limitations for filing such actions has expired and no action has been filed or upon conclusion of any action filed.
(c) This section shall be part of and supplemental to the Kansas uniform trust code.
History:
L. 2004, ch. 158, § 1; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 9 - Uniform Prudent Investor Act › 58a-901 Application of uniform prudent investor act.

58a-901.
Application of uniform prudent investor act.
Notwithstanding any provisions of the Kansas uniform trust act to the contrary, K.S.A. 58-24a01 et seq., and amendments thereto shall govern the investment and management of trust assets.
History:
L. 2002, ch. 133, § 75; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1001 Remedies for breach of trust.

58a-1001.
Remedies for breach of trust.
(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
(1) Compel the trustee to perform the trustee's duties;
(2) enjoin the trustee from committing a breach of trust;
(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) order a trustee to account;
(5) appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) suspend the trustee;
(7) remove the trustee as provided in K.S.A. 58a-706, and amendments thereto;
(8) reduce or deny compensation to the trustee;
(9) subject to K.S.A. 58a-1012, and amendments thereto, void an act of the trustee, impose a lien or a constructive trust on trust property or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(10) order any other appropriate relief.
History:
L. 2002, ch. 133, § 76; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1002 Damages for breach of trust.

58a-1002.
Damages for breach of trust.
(a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
(1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred;
(2) the profit the trustee made by reason of the breach; or
(3) if the trustee embezzles or knowingly converts to the trustee's own use any of the personal property of the trust, the trustee shall be liable for double the value of the property so embezzled or converted.
(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
(c) The provisions of this section shall not exclude an award of punitive damages.
History:
L. 2002, ch. 133, § 77; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1003 Damages in absence of breach.

58a-1003.
Damages in absence of breach.
(a) A trustee is accountable to an affected beneficiary for any profit made by the trustee, other than compensation earned, arising from the administration of the trust, even absent a breach of trust.
(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
History:
L. 2002, ch. 133, § 78; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1004 Attorney fees and costs.

58a-1004.
Attorney fees and costs.
In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
History:
L. 2002, ch. 133, § 79; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1005 Limitation of action against trustee.

58a-1005.
Limitation of action against trustee.
(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(c) If subsection (a) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within two years after the first to occur of:
(1) The removal, resignation, or death of the trustee;
(2) the termination of the beneficiary's interest in the trust; or
(3) the termination of the trust.
History:
L. 2002, ch. 133, § 80; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1006 Reliance on trust instrument.

58a-1006.
Reliance on trust instrument.
A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
History:
L. 2002, ch. 133, § 81; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1007 Event affecting administration or distribution.

58a-1007.
Event affecting administration or distribution.
If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.
History:
L. 2002, ch. 133, § 82; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1008 Exculpation of trustee.

58a-1008.
Exculpation of trustee.
(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(1) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the:
(1) Trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor; or
(2) the settlor was represented by an attorney not employed by the trustee with respect to the trust and such attorney has reviewed the exculpatory term and provided independent legal advice regarding such term.
History:
L. 2002, ch. 133, § 83; L. 2006, ch. 23, § 13; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1009 Beneficiary's consent, release, or ratification.

58a-1009.
Beneficiary's consent, release, or ratification.
A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
History:
L. 2002, ch. 133, § 84; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1010 Limitation on personal liability of trustee.

58a-1010.
Limitation on personal liability of trustee.
(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
History:
L. 2002, ch. 133, § 85; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1011 Interest as general partner.

58a-1011.
Interest as general partner.
(a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Kansas uniform partnership act, K.S.A. 56a-101 et seq., and amendments thereto, or the revised uniform limited partnership act, K.S.A. 56-1a101 et seq., and amendments thereto.
(b) Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of any of them.
(d) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
History:
L. 2002, ch. 133, § 86; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1012 Protection of person dealing with trustee.

58a-1012.
Protection of person dealing with trustee.
(a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.
(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.
(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
History:
L. 2002, ch. 133, § 87; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee › 58a-1013 Certification of trust.

58a-1013. Certification of trust.
(a) Instead of furnishing a copy of the trust instrument to a person other than a qualified beneficiary, the trustee may furnish to the person an acknowledged certification of trust containing the following information:
(1) That the trust exists and the date the trust instrument was executed;
(2) the identity of the settlor;
(3) the identity and address of the currently acting trustee;
(4) the powers of the trustee;
(5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
(6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and
(7) the manner of taking title to trust property.
(b) A certification of trust may be signed or otherwise authenticated by any trustee.
(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(d) A certification of trust need not contain the dispositive terms of a trust.
(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.
(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
History:
L. 2002, ch. 133, § 88; L. 2012, ch. 110, § 2; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 11 - Miscellaneous Provisions › 58a-1101 Uniformity of application and construction.

58a-1101.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2002, ch. 133, § 89; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 11 - Miscellaneous Provisions › 58a-1102 Electronic records and signatures.

58a-1102.
Electronic records and signatures.
The provisions of this code governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the electronic signatures in global and national commerce act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the electronic signatures in global and national commerce act.
History:
L. 2002, ch. 133, § 90; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 11 - Miscellaneous Provisions › 58a-1103 Severability clause.

58a-1103.
Severability clause.
If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.
History:
L. 2002, ch. 133, § 91; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 11 - Miscellaneous Provisions › 58a-1106 Application to existing relationships.

58a-1106.
Application to existing relationships.
(a) Except as otherwise provided in this act, on the effective date of this act:
(1) This act applies to all trusts created before, on, or after its effective date;
(2) this act applies to all judicial proceedings concerning trusts commenced on or after its effective date;
(3) this act applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this act does not apply and the superseded law applies;
(4) any rule of construction or presumption provided in this act applies to trust instruments executed before the effective date of the act unless there is a clear indication of a contrary intent in the terms of the trust; and
(5) an act done before the effective date of the act is not affected by this act.
(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or superseded.
History:
L. 2002, ch. 133, § 92; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 11 - Miscellaneous Provisions › 58a-1107 Transfer by warranty deed of real property into inter vivos trust; effect of insurance coverage.

58a-1107.
Transfer by warranty deed of real property into inter vivos trust; effect of insurance coverage.
(a) The transfer by warranty deed of real property into an inter vivos trust shall not affect the coverage of any title insurance if the settlor of such trust is and remains a beneficiary of such trust during the settlor's lifetime.
(b) Upon the transfer taking effect: (1) The trustee shall be deemed to be insured; and
(2) the insurance coverage for such trust shall be subject to the defenses which the insurance company has under the policy against the original named insured.
(c) If the settlor is a beneficiary of such trust at the time of the transfer, the transfer of such property into such trust shall not: (1) Affect any homestead exemption or redemption rights; or
(2) cause a due on sale or similar clause to be effective under a mortgage or security interest.
(d) This section shall be a part of and supplemental to the Kansas uniform trust code.
History:
L. 2004, ch. 158, § 15; July 1.