Kansas Statutes

Chapter 58a.—KANSAS UNIFORM TRUST CODE

Revisor's Note:

The numbering system utilized in codification of this chapter incorporates the numbering system utilized by the National Conference of Commissioners on Uniform State Laws in preparing the Uniform Trust Code (2000). Within this chapter, the Kansas system utilized the Uniform Trust Code section number (those digits following the dash) as a part of the Kansas citation. For example, Uniform Trust Code Sec. 101 is codified at K.S.A. 58a-101. Therefore, any reference to Uniform Trust Code Sec. 101 may be relevant to K.S.A. 58a-101. K.S.A. 58a-418 was not a part of the Uniform Trust Code. For a general explanation of the Kansas numbering system, see the explanatory preface at the front of any hardbound volume of the Kansas Statutes Annotated.

• Article 1.—GENERAL PROVISIONS AND DEFINITIONS
  • 58a-101 Short title.
  • 58a-102 Scope.
  • 58a-103 Definitions.
  • 58a-104 Knowledge.
  • 58a-105 Default and mandatory rules.
  • 58a-106 Common law of trusts; principles of equity.
  • 58a-107 Governing law.
  • 58a-108 Principal place of administration.
  • 58a-109 Methods and waiver of notice.
  • 58a-110 Others treated as qualified beneficiaries.
  • 58a-111 Nonjudicial settlement agreements.
  • 58a-112 Rules of construction.
  • 58a-113 Insurable interest of trustee.
• Article 2.—JUDICIAL PROCEEDINGS
  • 58a-201 Role of court in administration of trust.
  • 58a-202 Jurisdiction over trustee and beneficiary.
  • 58a-203 Subject-matter jurisdiction.
  • 58a-204 Venue.
  • 58a-205 Enforceability of mediation or arbitration provisions.
• Article 3.—REPRESENTATION
  • 58a-301 Representation: basic effect.
  • 58a-302 Representation by holder of general testamentary power of appointment.
  • 58a-303 Representation by fiduciaries and parents.
  • 58a-304 Representation by person having substantially identical interest.
  • 58a-305 Appointment of representative.
• Article 4.—CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST
  • 58a-401 Methods of creating trust.
  • 58a-402 Requirements for creation.
  • 58a-403 Trusts created in other jurisdictions.
  • 58a-404 Trust purposes.
  • 58a-405 Charitable purposes; enforcement.
  • 58a-406 Creation of trust induced by fraud, duress, or undue influence.
  • 58a-407 Evidence of oral trust.
  • 58a-408 Trust for care of animal.
  • 58a-409 Noncharitable trust without ascertainable beneficiary.
  • 58a-410 Modification or termination of trust; proceedings for approval or disapproval.
  • 58a-411 Modification or termination of noncharitable irrevocable trust by consent.
  • 58a-412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
  • 58a-413 Cy pres.
  • 58a-414 Termination of uneconomic trust.
  • 58a-415 Reformation to correct mistakes.
  • 58a-416 Modification to achieve settlor's tax objectives.
  • 58a-417 Combination and division of trusts.
  • 58a-418 Reference to written statement or list.
• Article 5.—CREDITOR'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS
  • 58a-501 Rights of beneficiary's creditor or assignee.
  • 58a-502 Spendthrift provision.
  • 58a-503, 58a-504 Reserved.
  • 58a-505 Creditor's claim against settlor.
  • 58a-506 Mandatory distribution.
  • 58a-507 Personal obligations of trustee.
• Article 6.—REVOCABLE TRUSTS
  • 58a-601 Capacity of settlor of revocable trust.
  • 58a-602 Revocation or amendment of revocable trust.
  • 58a-603 Settlor's powers; powers of withdrawal; incapacitation of settlor; hearing.
  • 58a-604 Limitation on action contesting validity of revocable trust; distribution of trust property.
• Article 7.—OFFICE OF TRUSTEE
  • 58a-701 Accepting or declining trusteeship.
  • 58a-702 Trustee's bond.
  • 58a-703 Cotrustees.
  • 58a-704 Vacancy in trusteeship; appointment of successor.
  • 58a-705 Resignation of trustee.
  • 58a-706 Removal of trustee.
  • 58a-707 Delivery of property by former trustee.
  • 58a-708 Compensation of trustee.
  • 58a-709 Reimbursement of expenses.
• Article 8.—DUTIES AND POWERS OF TRUSTEE
  • 58a-801 Duty to administer trust.
  • 58a-802 Duty of loyalty.
  • 58a-803 Impartiality.
  • 58a-804 Prudent administration.
  • 58a-805 Costs of administration.
  • 58a-806 Trustee's skills.
  • 58a-807 Delegation by trustee.
  • 58a-808 Repealed.
  • 58a-809 Control and protection of trust property .
  • 58a-810 Recordkeeping and identification of trust property; property acquisition and conveyance.
  • 58a-811 Enforcement and defense of claims.
  • 58a-812 Collecting trust property.
  • 58a-813 Duty to inform and report.
  • 58a-814 Discretionary powers.
  • 58a-815 General powers of trustee.
  • 58a-816 Specific powers of trustee.
  • 58a-817 Distribution upon termination.
  • 58a-818 Debts of deceased settlor; notice.
• Article 9.—UNIFORM PRUDENT INVESTOR ACT
  • 58a-901 Application of uniform prudent investor act.
• Article 10.—LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
  • 58a-1001 Remedies for breach of trust.
  • 58a-1002 Damages for breach of trust.
  • 58a-1003 Damages in absence of breach.
  • 58a-1004 Attorney fees and costs.
  • 58a-1005 Limitation of action against trustee.
  • 58a-1006 Reliance on trust instrument.
  • 58a-1007 Event affecting administration or distribution.
  • 58a-1008 Exculpation of trustee.
  • 58a-1009 Beneficiary's consent, release, or ratification.
  • 58a-1010 Limitation on personal liability of trustee.
  • 58a-1011 Interest as general partner.
  • 58a-1012 Protection of person dealing with trustee.
  • 58a-1013 Certification of trust.
• Article 11.—MISCELLANEOUS PROVISIONS
  • 58a-1101 Uniformity of application and construction.
  • 58a-1102 Electronic records and signatures.
  • 58a-1103 Severability clause.
  • 58a-1104, 58a-1105 Reserved.
  • 58a-1106 Application to existing relationships.
  • 58a-1107 Transfer by warranty deed of real property into inter vivos trust; effect of insurance coverage.