reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5002 Definitions.

58-5002. Definitions.
As used in the Kansas uniform directed trust act:
(1) "Breach of trust" includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this act or law of this state pertaining to trusts other than this act.
(2) "Directed trust" means a trust for which the terms of the trust grant a power of direction.
(3) "Directed trustee" means a trustee that is subject to a trust director's power of direction.
(4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity.
(5) "Power of direction" means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in K.S.A. 2023 Supp. 58-5005(b), and amendments thereto.
(6) "Settlor" means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.
(8) "Terms of a trust" means:
(A) Except as otherwise provided in subsection (8)(B), the manifestation of the settlor's intent regarding a trust's provisions as:
(i) Expressed in the trust instrument; or
(ii) established by other evidence that would be admissible in a judicial proceeding; or
(B) the trust's provisions as established, determined, or amended by:
(i) A trustee or trust director in accordance with applicable law;
(ii) court order; or
(iii) a nonjudicial settlement agreement under K.S.A. 58a-111, and amendments thereto.
(9) "Trust director" means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.
(10) "Trustee" includes an original, additional, and successor trustee, and a cotrustee.
History:
L. 2022, ch. 16, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5003 Application; principal place of administration.

58-5003. Application; principal place of administration.
(a) The Kansas uniform directed trust act applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:
(1) If the trust was created before July 1, 2022, this act applies only to a decision or action occurring on or after July 1, 2022.
(2) If the principal place of administration of the trust is changed to this state on or after July 1, 2022, this act applies only to a decision or action occurring on or after July 1, 2022.
(b) Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust which designate the principal place of administration of the trust 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;
(2) a trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or
(3) all or part of the administration occurs in the designated jurisdiction.
History:
L. 2022, ch. 16, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5004 Common law and principles of equity supplement of act.

58-5004. Common law and principles of equity supplement of act.
The common law and principles of equity supplement the Kansas uniform directed trust act, except to the extent modified by this act or law of this state other than this act.
History:
L. 2022, ch. 16, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5005 Exclusions.

58-5005. Exclusions.
(a) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.
(b) The Kansas uniform directed trust act does not apply to a:
(1) Power of appointment;
(2) power to appoint or remove a trustee or trust director;
(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(A) The beneficiary; or
(B) another beneficiary represented by the beneficiary under K.S.A. 58a-301 through 58a-305, and amendments thereto, with respect to the exercise or nonexercise of the power; or
(5) power over a trust if:
(A) The terms of the trust provide that the power is held in a nonfiduciary capacity; and
(B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the internal revenue code of 1986, as in effect on July 1, 2022.
(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
History:
L. 2022, ch. 16, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5006 Powers of trust director.

58-5006. Powers of trust director.
(a) Subject to K.S.A. 2023 Supp. 58-5007, and amendments thereto, the terms of a trust may grant a power of direction to a trust director.
(b) Unless the terms of a trust provide otherwise:
(1) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (a); and
(2) trust directors with joint powers must act by majority decision.
History:
L. 2022, ch. 16, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5007 Limitations on trust director.

58-5007. Limitations on trust director.
A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under K.S.A. 2023 Supp. 58-5006(b)(1), and amendments thereto, regarding:
(a) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of medicaid law in section 1917 of the social security act, 42 U.S.C. § 1396p(d)(4)(A), as in effect on July 1, 2022; and
(b) a charitable interest in the trust, including notice regarding the interest to the attorney general.
History:
L. 2022, ch. 16, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5008 Duty and liability of trust director.

58-5008. Duty and liability of trust director.
(a) Subject to subsection (b), with respect to a power of direction or further power under K.S.A. 2023 Supp. 58-5006(b)(1), and amendments thereto:
(1) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:
(A) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or
(B) if the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and
(2) the terms of the trust may vary the director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.
(b) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than the Kansas uniform directed trust act to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this act.
(c) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.
History:
L. 2022, ch. 16, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5009 Duty and liability of directed trustee.

58-5009. Duty and liability of directed trustee.
(a) Subject to subsection (b), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under K.S.A. 2023 Supp. 58-5006(b)(1), and amendments thereto, and the trustee is not liable for the action.
(b) A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under K.S.A. 2023 Supp. 58-5006(b)(1), and amendments thereto, to the extent that by complying the trustee would engage in willful misconduct.
(c) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(1) The breach involved the trustee's or other director's willful misconduct;
(2) the release was induced by improper conduct of the trustee or other director in procuring the release; or
(3) at the time of the release, the director did not know the material facts relating to the breach.
(d) A directed trustee that has reasonable doubt about its duty under this section may petition the district court for instructions.
(e) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
History:
L. 2022, ch. 16, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5010 Duty to provide information to trust director or trustee.

58-5010. Duty to provide information to trust director or trustee.
(a) Subject to K.S.A. 2023 Supp. 58-5011, and amendments thereto, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:
(1) The powers or duties of the trustee; and
(2) the powers or duties of the director.
(b) Subject to K.S.A. 2023 Supp. 58-5011, and amendments thereto, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:
(1) The powers or duties of the director; and
(2) the powers or duties of the trustee or other director.
(c) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.
(d) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
History:
L. 2022, ch. 16, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5011 No duty to monitor, inform or advise.

58-5011. No duty to monitor, inform or advise.
(a) Unless the terms of a trust provide otherwise:
(1) A trustee does not have a duty to:
(A) Monitor a trust director; or
(B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
(2) by taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1).
(b) Unless the terms of a trust provide otherwise:
(1) A trust director does not have a duty to:
(A) Monitor a trustee or another trust director; or
(B) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and
(2) by taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1).
History:
L. 2022, ch. 16, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5012 Application to cotrustee.

58-5012. Application to cotrustee.
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under K.S.A. 2023 Supp. 58-5009 through 58-5011, and amendments thereto.
History:
L. 2022, ch. 16, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5013 Limitation of action against trust director.

58-5013. Limitation of action against trust director.
(a) An action against a trust director for breach of trust must be commenced within the same limitation period as under K.S.A. 58a-1005, and amendments thereto, for an action for breach of trust against a trustee in a like position and under similar circumstances.
(b) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under K.S.A. 58a-1005, and amendments thereto, in an action for breach of trust against a trustee in a like position and under similar circumstances.
History:
L. 2022, ch. 16, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5014 Defenses in action against trust director.

58-5014. Defenses in action against trust director.
In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
History:
L. 2022, ch. 16, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5015 Jurisdiction over trust director.

58-5015. Jurisdiction over trust director.
(a) By accepting appointment as a trust director of a trust subject to the Kansas uniform directed trust act, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.
(b) This section does not preclude other methods of obtaining jurisdiction over a trust director.
History:
L. 2022, ch. 16, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5016 Office of trust director.

58-5016. Office of trust director.
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:
(a) Acceptance under K.S.A. 58a-701, and amendments thereto;
(b) giving of bond to secure performance under K.S.A. 58a-702, and amendments thereto;
(c) reasonable compensation under K.S.A. 58a-708, and amendments thereto;
(d) resignation under K.S.A. 58a-705, and amendments thereto;
(e) removal under K.S.A. 58a-706, and amendments thereto; and
(f) vacancy and appointment of successor under K.S.A. 58a-704, and amendments thereto.
History:
L. 2022, ch. 16, § 16; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5017 Uniformity of application and construction.

58-5017. 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. 2022, ch. 16, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 50 - Kansas Uniform Directed Trust Act › 58-5018 Relation to electronic signatures in global and national commerce act.

58-5018. Relation to electronic signatures in global and national commerce act.
The Kansas uniform directed trust act modifies, limits or supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 7001(c) of that act or authorize electronic delivery of any of the notices described in § 7003(b) of that act.
History:
L. 2022, ch. 16, § 18; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5101 Citation of act.

58-5101. Citation of act.
K.S.A. 2023 Supp. 58-5101 through 58-5130, and amendments thereto, shall be known and may be cited as the uniform trust decanting act.
History:
L. 2023, ch. 48, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5103 Application; scope.

58-5103. Application; scope.
(a) Except as otherwise provided in subsections (b) and (c), the uniform trust decanting act applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest.
(b) The uniform trust decanting act does not apply to a trust held solely for charitable purposes.
(c) Subject to K.S.A. 2023 Supp. 58-5115, and amendments thereto, a trust instrument may restrict or prohibit exercise of the decanting power.
(d) The uniform trust decanting act does not limit the power of a trustee, powerholder or other person to distribute or appoint property in further trust or to modify a trust under the trust instrument, law of this state other than the act, common law, a court order or a nonjudicial settlement agreement.
(e) The uniform trust decanting act does not affect the ability of a settlor to provide in a trust instrument for the distribution of the trust property or appointment in further trust of the trust property or for modification of the trust instrument.
History:
L. 2023, ch. 48, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5104 Fiduciary duties.

58-5104. Fiduciary duties.
(a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
(b) The uniform trust decanting act does not create or imply a duty to exercise the decanting power or to inform beneficiaries about the applicability of the act.
(c) Except as otherwise provided in a first-trust instrument, for purposes of the uniform trust decanting act and K.S.A. 58a-801 and 58a-802(a), and amendments thereto, the terms of the first trust are deemed to include the decanting power.
History:
L. 2023, ch. 48, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5105 Application; principal place of administration; governing law.

58-5105. Application; principal place of administration; governing law.
The uniform trust decanting act applies to a trust created before, on, or after July 1, 2023, that:
(a) Has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or
(b) provides by its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of:
(1) Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;
(2) construction of terms of the trust; or
(3) determining the meaning or effect of terms of the trust.
History:
L. 2023, ch. 48, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5106 Reasonable reliance, liability.

58-5106. Reasonable reliance, liability.
A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under the uniform trust decanting act, law of this state other than the act or the law of another jurisdiction is not liable to any person for any action or failure to act as a result of the reliance.
History:
L. 2023, ch. 48, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5107 Notice; exercise of decanting power.

58-5107. Notice; exercise of decanting power.
(a) In this section, a notice period begins on the day notice is given under subsection (c) and ends 59 days after the day notice is given.
(b) Except as otherwise provided in the uniform trust decanting act, an authorized fiduciary may exercise the decanting power without the consent of any person and without court approval.
(c) Except as otherwise provided in subsection (f), an authorized fiduciary shall give notice in a record of the intended exercise of the decanting power not later than 60 days before the exercise to:
(1) Each settlor of the first trust, if living or then in existence;
(2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the first trust;
(4) each person that currently has the right to remove or replace the authorized fiduciary;
(5) each other fiduciary of the first trust;
(6) each fiduciary of the second trust;
(7) each person acting as an advisor or protector of the first trust; and
(8) the attorney general, if K.S.A. 2023 Supp. 58-5114(b), and amendments thereto, applies.
(d) An authorized fiduciary is not required to give notice under subsection (c) to a person that is not known to the fiduciary or is known to the fiduciary but cannot be located by the fiduciary after reasonable diligence.
(e) A notice under subsection (c) shall:
(1) Specify the manner in which the authorized fiduciary intends to exercise the decanting power, which shall include a statement as to the authorized fiduciary's reason for the proposed decanting and an explanation as to the differences between the first trust and the second trust or trusts;
(2) specify the proposed effective date for exercise of the power;
(3) include a copy of the first-trust instrument;
(4) include a copy of all second-trust instruments;
(5) include a statement indicating the capacity in which the intended recipient is being given notice; and
(6) include a statement that any application under K.S.A. 2023 Supp. 58-5109, and amendments thereto, shall be filed within six months from the day notice is given.
(f) The decanting power may be exercised before expiration of the notice period under subsection (a) if all persons entitled to receive notice waive the period in a signed record.
(g) The receipt of notice, waiver of the notice period or expiration of the notice period does not affect the right of a person to file an application under K.S.A. 2023 Supp. 58-5109, and amendments thereto, except as provided in that section.
(h) An exercise of the decanting power is not ineffective because of the failure to give notice to one or more persons under subsection (c) if the authorized fiduciary acted with reasonable care to comply with subsection (c).
History:
L. 2023, ch. 48, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5108 Representation of another person.

58-5108. Representation of another person.
(a) Notice to a person with authority to represent and bind another person under a first-trust instrument or the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto, has the same effect as notice given directly to the person represented.
(b) Consent of or waiver by a person with authority to represent and bind another person under a first-trust instrument or the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto, is binding on the person represented unless the person represented objects to the representation before the consent or waiver otherwise would become effective.
(c) A person with authority to represent and bind another person under a first-trust instrument or the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto, may file an application under K.S.A. 2023 Supp. 58-5109, and amendments thereto, on behalf of the person represented.
(d) A settlor shall not represent or bind a beneficiary under the uniform trust decanting act.
History:
L. 2023, ch. 48, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5109 Court involvement; limitations.

58-5109. Court involvement; limitations.
(a) On application of an authorized fiduciary, a person entitled to notice under K.S.A. 2023 Supp. 58-5107(c), and amendments thereto, a beneficiary, or with respect to a charitable interest, the attorney general or other person that has standing to enforce the charitable interest, the court may:
(1) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under the uniform trust decanting act and consistent with the fiduciary duties of the authorized fiduciary;
(2) appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under the uniform trust decanting act and to exercise the decanting power;
(3) approve an exercise of the decanting power;
(4) subject to the limitation set forth in subsection (c), determine that a proposed or attempted exercise of the decanting power is ineffective because:
(A) After applying K.S.A. 2023 Supp. 58-5122, and amendments thereto, the proposed or attempted exercise does not or did not comply with the uniform trust decanting act; or
(B) the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
(5) determine the extent to which K.S.A. 2023 Supp. 58-5122, and amendments thereto, applies to a prior exercise of the decanting power;
(6) provide instructions to the trustee regarding the application of K.S.A. 2023 Supp. 58-5122, and amendments thereto, to a prior exercise of the decanting power; or
(7) order other relief to carry out the purposes of the uniform trust decanting act.
(b) On application of an authorized fiduciary, the court may approve:
(1) An increase in the fiduciary's compensation under K.S.A. 2023 Supp. 58-5116, and amendments thereto; or
(2) a modification under K.S.A. 2023 Supp. 58-5118, and amendments thereto, of a provision granting a person the right to remove or replace the fiduciary.
(c) A proceeding under subsection (a)(4) shall not be commenced by a person entitled to notice under K.S.A. 2023 Supp. 58-5107(c), and amendments thereto, or by a beneficiary unless such proceeding is commenced within six months from the day notice is given under K.S.A. 2023 Supp. 58-5107(a), and amendments thereto. Failure to receive notice shall not extend the time by which such proceeding must be commenced if the authorized fiduciary acted with reasonable diligence to comply with the requirements of K.S.A. 2023 Supp. 58-5107(c), and amendments thereto.
(d) In a judicial proceeding involving the decanting 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. 2023, ch. 48, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5110 Formalities; signed record.

58-5110. Formalities; signed record.
An exercise of the decanting power shall be made in a record signed by an authorized fiduciary. The signed record shall, directly or by reference to the notice required by K.S.A. 2023 Supp. 58-5107, and amendments thereto, identify the first trust and the second trust or trusts and state the property of the first trust being distributed to each second trust and the property, if any, that remains in the first trust.
History:
L. 2023, ch. 48, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5112 Decanting power under limited distributive discretion.

58-5112. Decanting power under limited distributive discretion.
(a) As used in this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard.
(b) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may exercise the decanting power over the principal of the first trust.
(c) Under this section and subject to K.S.A. 2023 Supp. 58-5114, and amendments thereto, a second trust may be created or administered under the law of any jurisdiction. Under this section, the second trusts, in the aggregate, shall grant each beneficiary of the first trust beneficial interests that are substantially similar to the beneficial interests of the beneficiary in the first trust.
(d) A power to make a distribution under a second trust for the benefit of a beneficiary who is an individual is substantially similar to a power under the first trust to make a distribution directly to the beneficiary. A distribution is for the benefit of a beneficiary if the:
(1) Distribution is applied for the benefit of the beneficiary;
(2) beneficiary is under a legal disability or the trustee reasonably believes the beneficiary is incapacitated, and the distribution is made as permitted under the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto; or
(3) distribution is made as permitted under the terms of the first-trust instrument and the second-trust instrument for the benefit of the beneficiary.
(e) If an authorized fiduciary has limited distributive discretion over part but not all of the principal of a first trust, the fiduciary may exercise the decanting power under this section over that part of the principal over which the authorized fiduciary has limited distributive discretion.
History:
L. 2023, ch. 48, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5114 Protection of charitable interest; powers of attorney general.

58-5114. Protection of charitable interest; powers of attorney general.
(a) As used in this section:
(1) "Determinable charitable interest" means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event or after the passage of a specified time and is unconditional or will be held solely for charitable purposes.
(2) "Unconditional" means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States internal revenue code of 1986 on the date of the distribution, if the charitable organization meets the requirement on the date of determination.
(b) If a first trust contains a determinable charitable interest, the attorney general has the rights of a qualified beneficiary and may represent and bind the charitable interest.
(c) If a first trust contains a charitable interest, the second trust or trusts shall not:
(1) Diminish the charitable interest;
(2) diminish the interest of an identified charitable organization that holds the charitable interest;
(3) alter any charitable purpose stated in the first-trust instrument; or
(4) alter any condition or restriction related to the charitable interest.
(d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c).
(e) If a first trust contains a determinable charitable interest, the second trust or trusts that include a charitable interest pursuant to subsection (c) shall be administered under the law of this state unless the:
(1) Attorney general, after receiving notice under K.S.A. 2023 Supp. 58-5107, and amendments thereto, fails to object in a signed record delivered to the authorized fiduciary within the notice period;
(2) attorney general consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or
(3) court approves the exercise of the decanting power.
(f) The uniform trust decanting act does not limit the powers and duties of the attorney general under law of this state other than the act.
History:
L. 2023, ch. 48, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5115 Trust limitation on decanting power.

58-5115. Trust limitation on decanting power.
(a) An authorized fiduciary shall not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of:
(1) The decanting power; or
(2) a power granted by state law to the fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(b) Exercise of the decanting power is subject to any restriction in the first-trust instrument that expressly applies to exercise of:
(1) The decanting power; or
(2) a power granted by state law to a fiduciary to distribute part or all of the principal of the trust to another trust or to modify the trust.
(c) A general prohibition of the amendment or revocation of a first trust, a spendthrift clause or a clause restraining the voluntary or involuntary transfer of a beneficiary's interest does not preclude exercise of the decanting power.
(d) Subject to subsections (a) and (b), an authorized fiduciary may exercise the decanting power under the uniform trust decanting act even if the first-trust instrument permits the authorized fiduciary or another person to modify the first-trust instrument or to distribute part or all of the principal of the first trust to another trust.
(e) To the extent the creation of a second-trust instrument is permitted, if a first-trust instrument contains an express prohibition described in subsection (a) or an express restriction described in subsection (b), the provision shall be included in the second-trust instrument.
History:
L. 2023, ch. 48, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5116 Change in fiduciary's compensation; restrictions.

58-5116. Change in fiduciary's compensation; restrictions.
(a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary shall not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless:
(1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) the increase is approved by the court.
(b) If a first-trust instrument does not specify an authorized fiduciary's compensation, the fiduciary shall not exercise the decanting power to increase the fiduciary's compensation above the compensation permitted by the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto, unless:
(1) All qualified beneficiaries of the second trust consent to the increase in a signed record; or
(2) the increase is approved by the court.
(c) A change in an authorized fiduciary's compensation that is incidental to other changes made by the exercise of the decanting power is not an increase in the fiduciary's compensation for purposes of subsections (a) and (b).
History:
L. 2023, ch. 48, § 16; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5117 Relief from liability and indemnification; restrictions.

58-5117. Relief from liability and indemnification; restrictions.
(a) Except as otherwise provided in this section, a second-trust instrument shall not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.
(b) A second-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.
(c) A second-trust instrument shall not reduce fiduciary liability in the aggregate.
(d) Subject to subsection (c), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than the uniform trust decanting act.
History:
L. 2023, ch. 48, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5118 Removal or replacement of authorized fiduciary; restrictions.

58-5118. Removal or replacement of authorized fiduciary; restrictions.
An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless the:
(a) Person holding the power consents to the modification in a signed record and the modification applies only to the person;
(b) person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(c) court approves the modification and the modification grants a substantially similar power to another person.
History:
L. 2023, ch. 48, § 18; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5120 Duration of second trust.

58-5120. Duration of second trust.
(a) Subject to subsection (b), a second trust may have a duration that is the same as or different from the duration of the first trust.
(b) To the extent that property of a second trust is attributable to property of the first trust, the property of the second trust is subject to any rules governing maximum perpetuity, accumulation or suspension of the power of alienation that apply to property of the first trust.
History:
L. 2023, ch. 48, § 20; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5121 Need to distribute not required.

58-5121. Need to distribute not required.
An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.
History:
L. 2023, ch. 48, § 21; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5122 Saving provision; corrective action.

58-5122. Saving provision; corrective action.
(a) If exercise of the decanting power would be effective under the uniform trust decanting act except that the second-trust instrument in part does not comply with the act, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:
(1) A provision in the second-trust instrument that is not permitted under the act is void to the extent necessary to comply with this act.
(2) A provision required by the act to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with the act.
(b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.
History:
L. 2023, ch. 48, § 22; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5123 Trust for care of animals.

58-5123. Trust for care of animals.
(a) As used in this section:
(1) "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals.
(2) "Protector" means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.
(b) The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under the uniform trust decanting act if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.
(c) A protector for an animal has the rights under the uniform trust decanting act of a qualified beneficiary.
(d) Notwithstanding any other provision of the uniform trust decanting act, if a first trust is an animal trust, in an exercise of the decanting power, the second trust shall provide that trust property may be applied only to its intended purpose for the period the first trust benefited the animal.
History:
L. 2023, ch. 48, § 23; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5124 Second trust included in references in Kansas uniform trust code.

58-5124. Second trust included in references in Kansas uniform trust code.
A reference in the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto, to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.
History:
L. 2023, ch. 48, § 24; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5125 Settlor of second trust; determination of settlor intent, considerations.

58-5125. Settlor of second trust; determination of settlor intent, considerations.
(a) For purposes of law of this state other than the uniform trust decanting act and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.
(b) In determining settlor intent with respect to a second trust, the intent of a settlor of the first trust, a settlor of the second trust and the authorized fiduciary may be considered.
History:
L. 2023, ch. 48, § 25; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5126 Later-discovered property.

58-5126. Later-discovered property.
(a) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the power is part of the trust estate of the second trust or trusts.
(b) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power remains part of the trust estate of the first trust.
(c) An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a second trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the power.
History:
L. 2023, ch. 48, § 26; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5127 Obligations enforceable against first trust, continuation.

58-5127. Obligations enforceable against first trust, continuation.
A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power.
History:
L. 2023, ch. 48, § 27; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5128 Uniformity of application and construction.

58-5128. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2023, ch. 48, § 28; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5129 Relation to electronic signatures in global and national commerce act.

58-5129. Relation to electronic signatures in global and national commerce act.
The uniform trust decanting act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
History:
L. 2023, ch. 48, § 29; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 51 - Uniform Trust Decanting Act › 58-5130 Severability.

58-5130. Severability.
If any provision of the uniform trust decanting act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.
History:
L. 2023, ch. 48, § 30; July 1.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-101 Short title.

58a-101.
Short title.
This act may be cited as the Kansas uniform trust code.
History:
L. 2002, ch. 133, § 1; January 1, 2003.
Revisor's Note:
For Kansas Comments and Uniform Trust Code Comments, see the Kansas Judicial Council web page at www.KansasJudicialCouncil.org.
2023 Kansas Statutes › Chapter 58a - Kansas Uniform Trust Code › Article 1 - General Provisions And Definitions › 58a-102 Scope.

58a-102.
Scope.
This code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.
History:
L. 2002, ch. 133, § 2; January 1, 2003.