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

K.S.A. § 58a-1006 (2026)

Reliance on trust instrument

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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).
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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 “2021) (unpublished opinion); see K.S.A. 58a-1006.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, No. 122511 (Kan. Ct. App. May 21, 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.”
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