Kansas Statutes Annotated

K.S.A. § 58a-1006 (2026)

Reliance on trust instrument

✓ current as of May 2026

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

58a-1006. Reliance on trust instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.

History: L. 2002, ch. 133, § 81; January 1, 2003.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2005–2022 · leading case: McGinley v. Bank of Am., N.A., 109 P.3d 1146 (Kan. 2005).

Sort: Relevance Newest Treatment

McGinley v. Bank of Am., N.A., 109 P.3d 1146 (Kan. 2005). “Additionally, K.S.A. 2003 Supp. 58a-1006 remained consistent with prior law (K.”

Culliss v. Culliss, 514 P.3d 376 (Kan. Ct. App. 2022). “2021) (unpublished opinion); see K.S.A. 58a-1006. Although Julia did not expressly grant the trustee the power to act in a dual capacity, she created Brian's divided loyalty by knowingly placing him in a position in which his interest as trustee/beneficiary might conflict with…”

Mead v. Small (Kan. Ct. App. 2021). “See K.S.A. 58a-1006 ("A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.