Kan. Stat. Ann. § 58a-101
Citation of act
This act may be cited as the Kansas uniform trust code.
Kansas Statutes Annotated Chapter 58a — Kansas Uniform Trust Code
Kansas · statute · Kan. Stat. Ann. ch. 58a · 95 active provisions
Provisions
Kan. Stat. Ann. § 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.
Kan. Stat. Ann. § 58a-103
Definitions
As used in this code: (1) "Action," with respect to an act of a trustee, includes a failure to act. (2) "Beneficiary" means a person that: (A) Has a present or future beneficial interest in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a power of appointment over trust property.…
Kan. Stat. Ann. § 58a-104
Knowledge
(a) Subject to subsection (b), a person has knowledge of a fact if the person: (1) Has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know it. (b) An organization that conducts activities thr…
Kan. Stat. Ann. § 58a-105
Default and mandatory rules
(a) Except as otherwise provided in the terms of the trust, this code governs the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary. (b) The terms of a trust prevail over any provision of this code except: (1) The requirements for creating a trust; (2) subject to K.S…
Kan. Stat. Ann. § 58a-106
Common law of trusts; principles of equity
The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another statute of this state.
Kan. Stat. Ann. § 58a-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 d…
Kan. Stat. Ann. § 58a-108
Principal place of administration
(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration 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 jurisdicti…
Kan. Stat. Ann. § 58a-109
Methods and waiver of notice
(a) Notice to a person under this code or the sending of a document to a person under this code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, person…
Kan. Stat. Ann. § 58a-110
Others treated as qualified beneficiaries
(a) A charitable organization expressly mandated to receive distributions under the terms of a trust has the rights of a qualified beneficiary under this code, if the charitable organization, on the date the charitable organization's qualification is being determined: (1) Is a distributee of trust income or principal;…
Kan. Stat. Ann. § 58a-111
Nonjudicial settlement agreements
(a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. (b) Except as otherwise provided in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement…
Kan. Stat. Ann. § 58a-112
Rules of construction
The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
Kan. Stat. Ann. § 58a-113
Insurable interest of trustee
(a) In this section, "settlor" means a person that executes a trust instrument. The term includes a person for which a fiduciary or agent is acting. (b) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a…
Kan. Stat. Ann. § 58a-201
Role of court in administration of trust
(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law. (b) A trust is not subject to continuing judicial supervision unless ordered by the court. (c) A judicial proceeding involving a trust may relate to any matter involving…
Kan. Stat. Ann. § 58a-202
Jurisdiction over trustee and beneficiary
(a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust. (b) With respect to their inte…
Kan. Stat. Ann. § 58a-203
Subject-matter jurisdiction
The district court has exclusive jurisdiction of proceedings in this state brought by a trustee or beneficiary concerning the administration of a trust.
Kan. Stat. Ann. § 58a-204
Venue
(a) Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this state in which the trust's principal place of administration has been, is or will be located or in the county in which any real property in which the trust has an interest is located and, if th…
Kan. Stat. Ann. § 58a-205
Enforceability of mediation or arbitration provisions
(a) (1) Except as provided in subsection (a)(2), a provision in a trust instrument requiring the mediation or arbitration of disputes between or among beneficiaries, a fiduciary, a person granted nonfiduciary powers under the trust instrument, or any combination thereof, is enforceable. (2) A provision in a trust instr…
Kan. Stat. Ann. § 58a-301
Representation: basic effect
(a) Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person. (b) The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented object…
Kan. Stat. Ann. § 58a-302
Representation by holder of general testamentary power of appointment
To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subj…
Kan. Stat. Ann. § 58a-303
Representation by fiduciaries and parents
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: (1) A conservator may represent and bind the estate that the conservator controls; (2) a guardian may represent and bind the ward within…
Kan. Stat. Ann. § 58a-304
Representation by person having substantially identical interest
Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent…
Kan. Stat. Ann. § 58a-305
Appointment of representative
(a) If the court or trustee determines that an interest is not represented under this article, or that the otherwise available representation might be inadequate, the court may appoint or the trustee may retain a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor…
Kan. Stat. Ann. § 58a-401
Methods of creating trust
A trust may be created by: (1) Transfer of property to another person as trustee or to the trust in the trusts' name during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (2) declaration by the owner of property that the owner holds property as trustee, so long as such pr…
Kan. Stat. Ann. § 58a-402
Requirements for creation
(a) A trust is created only if: (1) The settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary or is: (A) A charitable trust; (B) a trust for the care of an animal, as provided in K.S.A. 58a-408, and amendments thereto; or (C) a trust…
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