K.S.A. » Chapter 58a
Kansas Statutes Annotated

K.S.A. § 58a-1002 (2026)

Damages for breach of trust

✓ current as of May 2026
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58a-1002. Damages for breach of trust. (a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:

(1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred;

(2) the profit the trustee made by reason of the breach; or

(3) if the trustee embezzles or knowingly converts to the trustee's own use any of the personal property of the trust, the trustee shall be liable for double the value of the property so embezzled or converted.

(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.

(c) The provisions of this section shall not exclude an award of punitive damages.

History: L. 2002, ch. 133, § 77; January 1, 2003.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2008–2024 · leading case: Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 427 P.3d 9 (Kan. 2018).
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Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 427 P.3d 9 (Kan. 2018). · cites it 23× “: In this case, a trust and its beneficiaries assert separate damage claims against a deceased trustee for (1) punitive and (2) double damages under K.S.A. 58a-1002 of the Kansas Uniform Trust Code (KUTC) and under the common law relating to a breach of trust and a breach of…”
Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 385 P.3d 533 (Kan. Ct. App. 2016). · cites it 28× “K.S.A. 58a-1002 defines the measure of damages for a breach of trust by the trustee and provides in part: “(a) A trastee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) The amount required to restore the value of the trust property…”
McCabe v. Duran, 180 P.3d 1098 (Kan. Ct. App. 2008). · cites it 5× “After the jury verdict, McCabe asked the district court to grant double damages under K.S.A. 58a-1002(a)(3), a provision of the Kansas Uniform Trust Code.”
Noelle Hanks, Successor Tr. of the William L Hanks Trust Agreement of June 14, 2006 v. Phil Morris, 432 S.W.3d 293 (Mo. Ct. App. 2014). · cites it 2× “K.S.A. 58a-1002(3)(a). This statute allows for punitive damages in addition to double damages.”
Miller v. Miller (Kan. Ct. App. 2024). · cites it 10× “The other siblings oppose Brad and Amy's claims and have separately filed cross- appeals in which they contend: (1) The district court erred in failing to award them double damages under K.S.A. 58a-1002 and declining to order punitive damages; (2) the district court erred in…”
In re Bradley Trust (Kan. Ct. App. 2021). · cites it 5× “K.S.A. 58a-1002(a)(3) authorizes double damages for a breach of trust if the trustee embezzles or knowingly converts personal property of the trust "to the trustee's 1 own use.”
— K.S.A. § 58a-1002(3)(a) — 1 case
Noelle Hanks, Successor Tr. of the William L Hanks Trust Agreement of June 14, 2006 v. Phil Morris, 432 S.W.3d 293 (Mo. Ct. App. 2014). “K.S.A. 58a-1002(3)(a). This statute allows for punitive damages in addition to double damages.”
— K.S.A. § 58a-1002(3)(c) — 1 case
Noelle Hanks, Successor Tr. of the William L Hanks Trust Agreement of June 14, 2006 v. Phil Morris, 432 S.W.3d 293 (Mo. Ct. App. 2014). “K.S.A. 58a-1002(3)(a). This statute allows for punitive damages in addition to double damages.”
— K.S.A. § 58a-1002(a) — 3 cases
Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 427 P.3d 9 (Kan. 2018). “: In this case, a trust and its beneficiaries assert separate damage claims against a deceased trustee for (1) punitive and (2) double damages under K.S.A. 58a-1002 of the Kansas Uniform Trust Code (KUTC) and under the common law relating to a breach of trust and a breach of…”
Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 385 P.3d 533 (Kan. Ct. App. 2016). “K.S.A. 58a-1002 defines the measure of damages for a breach of trust by the trustee and provides in part: “(a) A trastee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) The amount required to restore the value of the trust property…”
Miller v. Miller (Kan. Ct. App. 2024). “The other siblings oppose Brad and Amy's claims and have separately filed cross- appeals in which they contend: (1) The district court erred in failing to award them double damages under K.S.A. 58a-1002 and declining to order punitive damages; (2) the district court erred in…”
— K.S.A. § 58a-1002(a)(1) — 1 case
Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 385 P.3d 533 (Kan. Ct. App. 2016). “K.S.A. 58a-1002 defines the measure of damages for a breach of trust by the trustee and provides in part: “(a) A trastee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) The amount required to restore the value of the trust property…”
— K.S.A. § 58a-1002(a)(3) — 5 cases
Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 427 P.3d 9 (Kan. 2018). “: In this case, a trust and its beneficiaries assert separate damage claims against a deceased trustee for (1) punitive and (2) double damages under K.S.A. 58a-1002 of the Kansas Uniform Trust Code (KUTC) and under the common law relating to a breach of trust and a breach of…”
Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 385 P.3d 533 (Kan. Ct. App. 2016). “K.S.A. 58a-1002 defines the measure of damages for a breach of trust by the trustee and provides in part: “(a) A trastee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) The amount required to restore the value of the trust property…”
McCabe v. Duran, 180 P.3d 1098 (Kan. Ct. App. 2008). “After the jury verdict, McCabe asked the district court to grant double damages under K.S.A. 58a-1002(a)(3), a provision of the Kansas Uniform Trust Code.”
Miller v. Miller (Kan. Ct. App. 2024). “The other siblings oppose Brad and Amy's claims and have separately filed cross- appeals in which they contend: (1) The district court erred in failing to award them double damages under K.S.A. 58a-1002 and declining to order punitive damages; (2) the district court erred in…”
In re Bradley Trust (Kan. Ct. App. 2021). “K.S.A. 58a-1002(a)(3) authorizes double damages for a breach of trust if the trustee embezzles or knowingly converts personal property of the trust "to the trustee's 1 own use.”
— K.S.A. § 58a-1002(c) — 2 cases
Alain Ellis Living Trust v. Harvey D. Ellis Living Trust, 427 P.3d 9 (Kan. 2018). “: In this case, a trust and its beneficiaries assert separate damage claims against a deceased trustee for (1) punitive and (2) double damages under K.S.A. 58a-1002 of the Kansas Uniform Trust Code (KUTC) and under the common law relating to a breach of trust and a breach of…”
Miller v. Miller (Kan. Ct. App. 2024). “The other siblings oppose Brad and Amy's claims and have separately filed cross- appeals in which they contend: (1) The district court erred in failing to award them double damages under K.S.A. 58a-1002 and declining to order punitive damages; (2) the district court erred in…”
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