reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-104 Knowledge.

58a-104.
Knowledge.
(a) Subject to subsection (b), a person has knowledge of a fact if the person:
(1) Has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
History:
L. 2002, ch. 133, § 4; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-105 Default and mandatory rules.

58a-105. Default and mandatory rules.
(a) Except as otherwise provided in the terms of the trust, this code governs the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this code except:
(1) The requirements for creating a trust;
(2) subject to K.S.A. 2023 Supp. 58-5009, 58-5011 and 58-5012, and amendments thereto, the duty of a trustee to act in good faith and administer the trust in accordance with K.S.A. 58a-801, and amendments thereto;
(3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy and possible to achieve;
(4) the power of the court to modify or terminate a trust under K.S.A. 58a-410 through 58a-416, and amendments thereto;
(5) the effect of the rights of creditors to reach a trust as provided in article 5 of chapter 58a of the Kansas Statutes Annotated, and amendments thereto;
(6) the power of the court under K.S.A. 58a-702, and amendments thereto, to require, dispense with, or modify or terminate a bond;
(7) the power of the court under K.S.A. 58a-708(b), and amendments thereto, to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under K.S.A. 58a-1008, and amendments thereto;
(9) the rights under K.S.A. 58a-1010 through 58a-1013, and amendments thereto, of a person other than a trustee or beneficiary;
(10) periods of limitation for commencing a judicial proceeding under K.S.A. 58a-604, and amendments thereto;
(11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
(12) the barring of claims against trusts and trustees under K.S.A. 58a-818, and amendments thereto.
(c) Notwithstanding any provisions of the Kansas uniform trust code to the contrary, any trust created by will and admitted to probate shall be subject to the requirements of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2002, ch. 133, § 5; L. 2004, ch. 158, § 3; L. 2006, ch. 23, § 2; L. 2022, ch. 16, § 20; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-106 Common law of trusts; principles of equity.

58a-106.
Common law of trusts; principles of equity.
The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another statute of this state.
History:
L. 2002, ch. 133, § 6; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-107 Governing law.

58a-107.
Governing law.
The meaning and effect of the terms of a trust are determined by:
(1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to the law of the jurisdiction having the most significant relationship to the matter at issue; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
History:
L. 2002, ch. 133, § 7; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-108 Principal place of administration.

58a-108.
Principal place of administration.
(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if:
(1) A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or
(2) all or part of the administration occurs in the designated jurisdiction.
(b) A trustee is under a duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries. In determining the appropriate place for the administration of the trust, consideration shall be given to the designation of the settlor, the purposes of the trust, the interests of the beneficiaries and the manner and costs of trust administration.
(c) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (b), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include:
(1) The name of the jurisdiction to which the principal place of administration is to be transferred;
(2) the address and telephone number at the new location at which the trustee can be contacted;
(3) an explanation of the reasons for the proposed transfer;
(4) the date on which the proposed transfer is anticipated to occur; and
(5) the date, not less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(e) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice.
(f) In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to K.S.A. 58a-704, and amendments thereto.
History:
L. 2002, ch. 133, § 8; L. 2006, ch. 23, § 3; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-109 Methods and waiver of notice.

58a-109.
Methods and waiver of notice.
(a) Notice to a person under this code or the sending of a document to a person under this code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.
(b) Notice otherwise required under this code or a document otherwise required to be sent under this code need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) Notice under this code or the sending of a document under this code may be waived by the person to be notified or sent the document.
(d) Notice of a judicial proceeding must be given as provided in the code of civil procedure.
History:
L. 2002, ch. 133, § 9; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-110 Others treated as qualified beneficiaries.

58a-110.
Others treated as qualified beneficiaries.
(a) A charitable organization expressly mandated to receive distributions under the terms of a trust has the rights of a qualified beneficiary under this code, if the charitable organization, on the date the charitable organization's qualification is being determined:
(1) Is a distributee of trust income or principal;
(2) would be a distributee of trust income or principal upon the termination of the interests of other distributees then receiving or eligible to receive distributions; or
(3) would be a distributee of trust income or principal if the trust terminated on that date.
(b) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in K.S.A. 58a-408 or 58a-409, and amendments thereto, has the rights of a qualified beneficiary under this code.
(c) The attorney general of this state has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state.
History:
L. 2002, ch. 133, § 10; L. 2006, ch. 23, § 4; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-111 Nonjudicial settlement agreements.

58a-111. Nonjudicial settlement agreements.
(a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
(b) Except as otherwise provided in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement with respect to the matters listed in subsection (d).
(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this code or other applicable law.
(d) Matters that may be resolved by a nonjudicial settlement agreement are limited to:
(1) The approval of a trustee's report or accounting;
(2) the resignation or appointment of a trustee and the determination of a trustee's compensation;
(3) transfer of a trust's principal place of administration;
(4) liability of a trustee for an action relating to the trust;
(5) the interpretation or construction of the terms of the trust;
(6) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power; and
(7) the governing law of the trust.
(e) Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in article 3 of this code was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
History:
L. 2002, ch. 133, § 11; L. 2006, ch. 23, § 5; L. 2022, ch. 12, § 1; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-112 Rules of construction.

58a-112.
Rules of construction.
The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
History:
L. 2002, ch. 133, § 12; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-113 Insurable interest of trustee.

58a-113. Insurable interest of trustee.
(a) In this section, "settlor" means a person that executes a trust instrument. The term includes a person for which a fiduciary or agent is acting.
(b) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued:
(1) The insured is:
(A) A settlor of the trust; or
(B) an individual in whom a settlor of the trust has, or would have had if living at the time the policy was issued, an insurable interest; and
(2) the life insurance proceeds are primarily for the benefit of one or more trust beneficiaries that have:
(A) An insurable interest in the life of the insured; or
(B) a substantial interest engendered by love and affection in the continuation of the life of the insured and, if not already included under subparagraph (A), who are:
(i) Related within a third degree or closer, as measured by the civil law system of determining degrees of relation, either by blood or law, to the insured; or
(ii) stepchildren of the insured, or children of the insured's stepchild, either by blood or law.
(c) This section shall be part of the* supplemental to the Kansas uniform trust code.
History:
L. 2011, ch. 31, § 1; July 1.
* The word "the" should have been "and" instead.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 2 - Judicial Proceedings › 58a-201 Role of court in administration of trust.

58a-201.
Role of court in administration of trust.
(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(b) A trust is not subject to continuing judicial supervision unless ordered by the court.
(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including an action for declaratory judgment pursuant to K.S.A. 60-1701 et seq., and amendments thereto.
History:
L. 2002, ch. 133, § 13; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 2 - Judicial Proceedings › 58a-202 Jurisdiction over trustee and beneficiary.

58a-202.
Jurisdiction over trustee and beneficiary.
(a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
(c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
History:
L. 2002, ch. 133, § 14; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 2 - Judicial Proceedings › 58a-203 Subject-matter jurisdiction.

58a-203.
Subject-matter jurisdiction.
The district court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.
History:
L. 2002, ch. 133, § 15; January 1, 2003.
2023 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; January 1, 2003.
2023 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.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 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) (1) A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust.
(2) Application of the rule against perpetuities 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; L. 2023, ch. 48, § 31; July 1.
2023 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; January 1, 2003.
2023 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 $250,000 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:
(1) An easement for conservation or preservation; or
(2) any trust if assets are distributable to the trustee or anyone the trustee is obligated to support.
History:
L. 2002, ch. 133, § 35; L. 2022, ch. 12, § 2; July 1.
2023 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; January 1, 2003.
2023 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; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 4 - Creation, Validity, Modification And Termination Of Trust › 58a-417 Combination and division of trusts.

58a-417.
Combination and division of trusts.
(a) After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust. The terms of each new trust created by a division under this section do not have to be identical if the interest of each beneficiary is substantially the same under the terms of the trust prior to its division and the combined terms of all trusts after the division. Two or more trusts may be combined into a single trust if the interests of each beneficiary in the trust resulting from the combination are substantially the same as the combined interests of the beneficiary in the trusts prior to the combination. The trustee shall determine the terms controlling any trust after its combination as authorized by this section. The trustee may make a division under this section by:
(1) Giving written notice of the division, not later than the 30th day before the date of a division under this subsection, to each qualified beneficiary; and
(2) executing a written instrument, acknowledged before a notary public or other person authorized to take acknowledgments of conveyances of real estate stating that the trust has been divided pursuant to this section and that the notice requirements of this subsection have been satisfied.
(b) A trustee, in the written instrument dividing a trust, shall allocate trust property among the separate trusts on a fractional basis by identifying the assets and liabilities passing to each separate trust, or on any other reasonable basis. The trustee shall allocate undesignated trust property received after the trustee has divided the trust into separate trusts in the manner provided by the written instrument dividing the trust, or, in the absence of a provision in the written instrument, in a manner determined by the trustee.
(c) The trustee may combine two or more trusts under this section by:
(1) Giving a written notice of the combination, not later than the 30th day before the effective date of the combination, to each qualified beneficiary; and
(2) executing a written instrument, acknowledged before a notary public or other person authorized to take acknowledgments of conveyances of real estate stating that the trust has been combined pursuant to this section and that the notice requirements of this subsection have been satisfied.
(d) The trustee may divide or combine a testamentary trust after the will establishing the trust has been admitted to probate, even if the trust will not be funded until a later date. The trustee may divide or combine any other trust before it is funded if the instrument establishing the trust is not revocable at the time of the division or combination.
History:
L. 2002, ch. 133, § 38; L. 2006, ch. 23, § 7; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 4 - Creation, Validity, Modification And Termination Of Trust › 58a-418 Reference to written statement or list.

58a-418.
Reference to written statement or list.
A trust instrument which establishes an inter vivos trust and which directs the trustee to distribute trust assets may refer to a separate written statement or list of items of personal property, other than money, evidences of debt, documents of title, securities, and properties used in trade or business, which are assets of the trust estate, and may direct the trustee to make distribution of such items as indicated in the written statement or list. The trustee may distribute such items in accordance with the written statement or list. Such written statement or list either must be in the handwriting of the settlor or be signed by the settlor, and must describe the items with reasonable certainty. The writing may be referred to in the trust instrument as one to be in existence at the time of the settlor's death, prepared before or after execution of the trust instrument, and altered by the settlor after its preparation. Transfer of items of personal property pursuant to this section shall not be considered testamentary or be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2002, ch. 133, § 39; January 1, 2003.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts › 58a-501 Rights of beneficiary's creditor or assignee.

58a-501.
Rights of beneficiary's creditor or assignee.
To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.
History:
L. 2002, ch. 133, § 40; L. 2006, ch. 23, § 8; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts › 58a-502 Spendthrift provision.

58a-502. Spendthrift provision.
(a) A spendthrift provision is valid.
(b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.
(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
(d) Except as provided in subsection (e), irrespective of whether the trust has a spendthrift provision, a creditor of a beneficiary may not compel a distribution to a beneficiary that is subject to the trustee's discretion, even if: (1) The standard of distribution is expressed in the form of a standard; and (2) the trustee has abused the trustee's discretion.
(e) If a beneficiary is or was serving as sole trustee and the standard of distribution with respect to such beneficiary is not in the form of an ascertainable standard relating to such beneficiary's health, education, support or maintenance, a creditor shall have the right to: (1) Compel any distribution the beneficiary, while serving as sole trustee, either is presently authorized to make to such beneficiary or was authorized to make to such beneficiary and did not make; and (2) attach such beneficiary's beneficial interest in the trust with respect to any present or future discretionary distributions to such beneficiary, in the absence of a spendthrift provision precluding such attachment.
(f) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.
History:
L. 2002, ch. 133, § 41; L. 2004, ch. 158, § 7; L. 2014, ch. 41, § 1; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts › 58a-505 Creditor's claim against settlor.

58a-505.
Creditor's claim against settlor.
(a) Except as provided by K.S.A. 33-101 et seq. and 33-201 et seq., and amendments thereto, whether or not the terms of a trust contain a spendthrift provision, the following rules apply:
(1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.
(3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, the homestead, homestead allowance, the elective share rights of the surviving spouse pursuant to K.S.A. 59-6a209, and amendments thereto, and statutory allowance to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.
(b) For purposes of this section:
(1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power;
(2) upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in section 2041(b)(2) or 2514(e) of the federal internal revenue code of 1986, as in effect on December 31, 2002; or section 2503(b) of the federal internal revenue code of 1986, as in effect on December 31, 2002; and
(3) this subsection shall not apply to the lapse of powers held by the spouse of a person occurring upon the death of such person.
History:
L. 2002, ch. 133, § 42; L. 2004, ch. 158, § 8; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts › 58a-506 Mandatory distribution.

58a-506.
Mandatory distribution.
(a) As used in this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term excludes a distribution subject to the exercise of the trustee's discretion whether or not the terms of the trust: (1) Include a support or other standard to guide the trustee in making distribution decisions; or (2) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard.
(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the mandated distribution date.
History:
L. 2002, ch. 133, § 43; L. 2006, ch. 23, § 9; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts › 58a-507 Personal obligations of trustee.

58a-507.
Personal obligations of trustee.
Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
History:
L. 2002, ch. 133, § 44; January 1, 2003.