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Source or Prior Law:

58-1201 et seq., 58-12a01 et seq., 58-2404, 58-2405, 58-2409, 58-2410, 58-2411, 58-2412, 58-2413, 58-2415, 58-2417, 58-2420, 59-2295, 59-2296.

Revisor's Note:

For Kansas Comments and Uniform Trust Code Comments, see the Kansas Judicial Council web page at www.kscourts.org/council/.

For Kansas Comments and Uniform Trust Code Comments, see the Kansas Judicial Council web page at www.KansasJudicialCouncil.org.

Law Review and Bar Journal References:

"Navigating the New Kansas Uniform Trust Code: Familiar and Unfamiliar Waters," Cheryl C. Boushka and Mark. W. Knackendoffel, 71 J.K.B.A. No. 10, 34 (2002).

"The Kansas Uniform Trust Code," David M. English, 51 K.L.R. 311 (2003).

"Don't You Trust Me? An Examination of the Order and Burden of Proof in Trust Litigation," Derek S. Casey, 32 J.K.A.J., No. 4, 13 (2009).

"Conservation Easements as Charitable Trusts in Kansas: Striking the Appropriate Balance Among the Grantor's Intent, the Public's Interest, and the Need for Flexibility," Matthew J. Richardson, 49 W.L.J. 175 (2009).

CASE ANNOTATIONS

1. Except as otherwise provided, Kansas Uniform Trust Code applies to all trusts created before, on, or after its effective date of January 1, 2003. In re Harris Testamentary Trust, 275 K. 946, 69 P.3d 1109 (2003).

2. The term "widow" is defined as a woman who has not remarried after death of her husband. Offerman v. Rosile, 31 K.A.2d 1055, 77 P.3d 504 (2003).

3. Provisions of Kansas Uniform Trust Code held not applicable; power to revoke or modify trust must be a part of original trust. Godley v. Valley View State Bank, 277 K. 736, 89 P.3d 595 (2004).

4. A cotrustee who is not a lawyer generally cannot represent a trust in a Kansas court of law without engaging in the unauthorized practice of law. Schaake v. Lawrence, 60 K.A.2d 88, 95, 491 P.3d 1265 (2021), rev. denied (Mar. 21, 2022).