Chapter 58 — PERSONAL AND REAL PROPERTY

58-5016. Office of trust director. Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters: (a) Acceptance under K.S.A. 58a-701, and amendments thereto; (b) giving of bond to secure performance und…

58-5017. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2022, ch. 16, § 17; July 1. Previo…

58-5018. Relation to electronic signatures in global and national commerce act. The Kansas uniform directed trust act modifies, limits or supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supe…

58-5101. Citation of act. K.S.A. 58-5101 through 58-5130, and amendments thereto, shall be known and may be cited as the uniform trust decanting act. History: L. 2023, ch. 48, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documen…

58-5102. Definitions. As used in the uniform trust decanting act: (a) "Appointive property" means the property or property interest subject to a power of appointment. (b) "Ascertainable standard" means a standard relating to an individual's health, education, support or maintenan…

58-5103. Application; scope. (a) Except as otherwise provided in subsections (b) and (c), the uniform trust decanting act applies to an express trust that is irrevocable or revocable by the settlor only with the consent of the trustee or a person holding an adverse interest. (b) …

58-5104. Fiduciary duties. (a) In exercising the decanting power, an authorized fiduciary shall act in accordance with its fiduciary duties, including the duty to act in accordance with the purposes of the first trust. (b) The uniform trust decanting act does not create or imply …

58-5105. Application; principal place of administration; governing law. The uniform trust decanting act applies to a trust created before, on, or after July 1, 2023, that: (a) Has its principal place of administration in this state, including a trust whose principal place of admi…

58-5106. Reasonable reliance, liability. A trustee or other person that reasonably relies on the validity of a distribution of part or all of the property of a trust to another trust, or a modification of a trust, under the uniform trust decanting act, law of this state other tha…

58-5107. Notice; exercise of decanting power. (a) In this section, a notice period begins on the day notice is given under subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided in the uniform trust decanting act, an authorized fiduciary m…

58-5108. Representation of another person. (a) Notice to a person with authority to represent and bind another person under a first-trust instrument or the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto, has the same effect as notice given directly to t…

58-5109. Court involvement; limitations. (a) On application of an authorized fiduciary, a person entitled to notice under K.S.A. 2025 Supp. 58-5107(c), and amendments thereto, a beneficiary, or with respect to a charitable interest, the attorney general or other person that has s…

58-5110. Formalities; signed record. An exercise of the decanting power shall be made in a record signed by an authorized fiduciary. The signed record shall, directly or by reference to the notice required by K.S.A. 58-5107, and amendments thereto, identify the first trust and th…

58-5111. Decanting power under expanded distributive discretion. (a) As used in this section: (1) "Noncontingent right" means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a…

58-5112. Decanting power under limited distributive discretion. (a) As used in this section, "limited distributive discretion" means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (b) An authorized fiduciary t…

58-5113. Trust for beneficiary with a disability. (a) As used in this section: (1) "Beneficiary with a disability" means a beneficiary of a first trust who the special-needs fiduciary reasonably believes may qualify for governmental benefits based on disability, whether or not th…

58-5114. Protection of charitable interest; powers of attorney general. (a) As used in this section: (1) "Determinable charitable interest" means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event or a…

58-5115. Trust limitation on decanting power. (a) An authorized fiduciary shall not exercise the decanting power to the extent the first-trust instrument expressly prohibits exercise of: (1) The decanting power; or (2) a power granted by state law to the fiduciary to distribute p…

58-5116. Change in fiduciary's compensation; restrictions. (a) If a first-trust instrument specifies an authorized fiduciary's compensation, the fiduciary shall not exercise the decanting power to increase the fiduciary's compensation above the specified compensation unless: (1) …

58-5117. Relief from liability and indemnification; restrictions. (a) Except as otherwise provided in this section, a second-trust instrument shall not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument. (b) A se…

58-5118. Removal or replacement of authorized fiduciary; restrictions. An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless the: (a) Person holding …

58-5119. Tax-related limitations on use of decanting power. (a) As used in this section: (1) "Grantor trust" means a trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. §§ 671 through 677 or 26 U.S.C. § 679. (2) "Internal revenue code" means the U…

58-5120. Duration of second trust. (a) Subject to subsection (b), a second trust may have a duration that is the same as or different from the duration of the first trust. (b) To the extent that property of a second trust is attributable to property of the first trust, the proper…

58-5121. Need to distribute not required. An authorized fiduciary may exercise the decanting power whether or not under the first trust's discretionary distribution standard the fiduciary would have made or could have been compelled to make a discretionary distribution of princip…

58-5122. Saving provision; corrective action. (a) If exercise of the decanting power would be effective under the uniform trust decanting act except that the second-trust instrument in part does not comply with the act, the exercise of the power is effective and the following rul…

58-5123. Trust for care of animals. (a) As used in this section: (1) "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals. (2) "Protector" means a person appointed in an animal trust to enforce the trust on behalf of the an…

58-5124. Second trust included in references in Kansas uniform trust code. A reference in the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto, to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trus…

58-5125. Settlor of second trust; determination of settlor intent, considerations. (a) For purposes of law of this state other than the uniform trust decanting act and subject to subsection (b), a settlor of a first trust is deemed to be the settlor of the second trust with respe…

58-5126. Later-discovered property. (a) Except as otherwise provided in subsection (c), if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more second trusts, later-discovered property belonging to the first trust and prop…

58-5127. Obligations enforceable against first trust, continuation. A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the second trust after exercise of the decanting power. Hist…

58-5128. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2023, ch. 48, § 28; July 1. Previ…

58-5129. Relation to electronic signatures in global and national commerce act. The uniform trust decanting act modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede section …

58-5130. Severability. If any provision of the uniform trust decanting act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or applic…

58-5201. Citation of act. (a) K.S.A. 58-5201 through 58-5204, and amendments thereto, shall be known and may be cited as the Kansas contract for deed act. (b) As used in K.S.A. 58-5201 through 58-5204, and amendments thereto: (1) "Buyer" means a person who purchases property subj…

58-5202. Recording of contract for deed; seller remedies upon buyer default. (a) Any contract for deed or affidavit of equitable interest may be recorded in the office of the county register of deeds where the property is located by any interested person. (b) Following the notice…

58-5203. Seller required to hold title; exceptions; violations as deceptive act or practice under Kansas consumer protection act. (a) A seller shall not execute a contract for deed with a buyer if the seller does not hold title to the property. Except as provided further, a selle…

58-5204. Buyer's rights; notice of default and intent to forfeit; remedies at law or equity. (a) A buyer's rights under a contract for deed shall not be forfeited or canceled except as provided in this section, notwithstanding any provision in the contract providing for forfeitur…