Printable Format58a-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, ยง 33; January 1, 2003.
Law Review and Bar Journal References:
"The Kansas Uniform Trust Code," David M. English, 51 K.L.R. 311 (2003).
CASE ANNOTATIONS
1. Cited; discussion of when a discretionary trust is an available resource for medicaid eligibility purposes. White v. Kansas Health Policy Authority, 40 Kan. App. 2d 971, 981, 198 P.3d 172 (2008).
2. Proposed modification to increase the first generation beneficiary's annual distribution cannot be validated as an unanticipated circumstance. In re Trust D of Darby, 290 Kan. 785, 234 P.3d 793 (2010).