Printable Format58a-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, ยง 7; January 1, 2003.
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).
"Taking the Trust Out of Trustee: The Kansas Supreme Court's Standard for Reasonable Reliance Means Investors Should Proceed Cautiously when Altering the Prudent Investor Rule [McGinly v. Bank of Am., 109 P.3d 1146 (Kan 2005)]," Justin Whitney, 46 W.L.J. 245 (2006).
CASE ANNOTATIONS
1. Jurisdictional question on trust examined according to standard and guidelines in the statutes. Commerce Bank, N.A. v. Bolander, 44 K. 1, 239 P.3d 83 (2010).