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

K.S.A. § 58a-103 (2026)

Definitions

✓ current as of May 2026
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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.

(3) "Charitable trust" means a trust, or portion of a trust, created for a charitable purpose described in K.S.A. 58a-405(a), and amendments thereto.

(4) "Conservator" means a person appointed by the court pursuant to K.S.A. 59-30,102, and amendments thereto, to administer the estate of a minor or adult individual.

(5) "Environmental law" means a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment.

(6) "Guardian" means a person appointed by the court pursuant to K.S.A. 59-30,102, and amendments thereto, to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. The term does not include a guardian ad litem.

(7) "Interests of the beneficiaries" means the beneficial interests provided in the terms of the trust.

(8) "Jurisdiction," with respect to a geographic area, includes a state or country.

(9) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.

(10) "Power of withdrawal" means a presently exercisable general power of appointment other than a power:

(A) Exercisable by a trustee and limited by an ascertainable standard relating to an individuals health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the internal revenue code of 1986, as in effect on July 1, 2022; or

(B) exercisable by another person only upon consent of the trustee or a person holding an adverse interest.

(11) "Property" means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein.

(12) (A) "Qualified beneficiary" means a beneficiary who, as of the date in question, either is eligible to receive mandatory or discretionary distributions of trust income or principal, or would be so eligible if the trust terminated on that date.

(B) For the purpose of trustee determining "qualified beneficiaries" of a trust in which a beneficial interest is subject to a power of appointment of any nature, the trustee may conclusively presume such power of appointment has not been exercised unless the trustee has been furnished by the powerholder or the legal representative of the powerholder or the powerholder's estate with the original or a copy of an instrument validly exercising such power of appointment, in which event the qualified beneficiaries shall be subsequently determined by giving due consideration to such exercise unless and until the trustee has been given notification in a similar manner of an instrument which validly revokes or modifies such exercise.

(13) "Revocable," as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.

(14) "Settlor" means a person, including a testator, who creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.

(15) "Spendthrift provision" means a term of a trust which restrains either voluntary or involuntary transfer of a beneficiary's interest.

(16) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band recognized by federal law or formally acknowledged by a state.

(17) "Terms of a trust" means:

(A) Except as otherwise provided in subparagraph (B), the manifestation of the settlor's intent regarding a trust's provisions as:

(i) Expressed in the trust instrument; or

(ii) established by other evidence that would be admissible in a judicial proceeding; or

(B) the trust's provisions as established, determined, or amended by:

(i) A trustee or person holding a power to direct under K.S.A. 58a-808, and amendments thereto, in accordance with applicable law;

(ii) court order; or

(iii) a nonjudicial settlement agreement under K.S.A. 58a-111, and amendments thereto.

(18) "Trust instrument" means an instrument executed by the settlor that contains terms of the trust, including any amendments thereto.

(19) "Trustee" includes an original, additional, and successor trustee, and a cotrustee.

History: L. 2002, ch. 133, § 3; L. 2004, ch. 158, § 2; L. 2006, ch. 23, § 1; L. 2021, ch. 63, § 49; L. 2022, ch. 16, § 19; L. 2025, ch. 40, § 143; January 1, 2026.

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2004–2025 · leading case: In Re the Trust of Hildebrandt, 388 P.3d 918 (Kan. Ct. App. 2017).
Sort: Relevance Newest Treatment
In Re the Trust of Hildebrandt, 388 P.3d 918 (Kan. Ct. App. 2017). · cites it 2× “) K.S.A. 2015 Supp. 58a-103(19) states: “‘Trustee’ includes an original, additional, and successor trustee, and a co-trustee.”
Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004). · cites it 2× “For their second argument, the Grandchildren claim that an annuity could continue their lifetime payments, thereby continuing the material purpose of the trust after its termination. This argument overlooks the purpose of a spendthrift provision, which “restrains either…”
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). · cites it 2× “K.S.A. 2004 Supp. 58a-103(12). A beneficiary, in turn, is a person who “[h]as a present or future beneficial interest in a trust, vested or contingent,” or holds a power of appointment over trust property in a nontrustee capacity.”
Jones v. Culver, 329 P.3d 511 (Kan. Ct. App. 2014). · cites it 2× “” K.S.A. 2013 Supp. 58a-103(14).The section states: “If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution except to the extent another person has the power to…”
Angela K. Hudson v. UMB Bank, N.A., Tr. of A.B. Hudson Testamentary Trust, 447 S.W.3d 714 (Mo. Ct. App. 2014). · cites it 2× “” K.S.A. 2013 Supp. 58a-103(3). K.S.A. 58a-405(a) provides that a “charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is…”
Kastner v. Intrust Bank, 569 F. App'x 593 (10th Cir. 2014). “” Kan. Stat. Ann. § 58a-103(2)(A). Although Kansas has substantially adopted the Uniform Trust Code (“UTC”), its definition of a “qualified beneficiary” is a departure from the UTC.”
UMB Bank, N.A. v. Kansas East Conf. of United Methodist Church, Inc., 193 P.3d 490 (Kan. Ct. App. 2008). “A future interest occurs when “the privilege of possession or of other enjoyment is future and not present.”
Linda Lee Stutsman (Bankr. D. Kan. 2025). · cites it 2× “”) and Kan. Stat. Ann. § 58a-103(13) (“’Revocable,’ as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.”
Sutherland v. Sutherland Trust, 567 P.3d 873 (Kan. Ct. App. 2025). · cites it 2× “58a-111, titled "Nonjudicial settlement 11 agreements," which states: "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.”
In re Bradley Trust (Kan. Ct. App. 2021). “K.S.A. 2020 Supp. 58a-103(12). A beneficiary is defined to include a person who "[h]as a present or future beneficial interest in a trust, vested or contingent.”
Watson v. Walker (Kan. Ct. App. 2024). “See K.S.A. 2023 Supp. 58a-103(13). Lisa seems to suggest on appeal the whereabouts of the trust would have been uncovered through discovery had the case proceeded that far.”
— K.S.A. § 58a-103(12) — 2 cases
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). “K.S.A. 2004 Supp. 58a-103(12). A beneficiary, in turn, is a person who “[h]as a present or future beneficial interest in a trust, vested or contingent,” or holds a power of appointment over trust property in a nontrustee capacity.”
In re Bradley Trust (Kan. Ct. App. 2021). “K.S.A. 2020 Supp. 58a-103(12). A beneficiary is defined to include a person who "[h]as a present or future beneficial interest in a trust, vested or contingent.”
— K.S.A. § 58a-103(12)(A) — 1 case
Sutherland v. Sutherland Trust, 567 P.3d 873 (Kan. Ct. App. 2025). “58a-111, titled "Nonjudicial settlement 11 agreements," which states: "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.”
— K.S.A. § 58a-103(13) — 2 cases
Linda Lee Stutsman (Bankr. D. Kan. 2025). “”) and Kan. Stat. Ann. § 58a-103(13) (“’Revocable,’ as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.”
Watson v. Walker (Kan. Ct. App. 2024). “See K.S.A. 2023 Supp. 58a-103(13). Lisa seems to suggest on appeal the whereabouts of the trust would have been uncovered through discovery had the case proceeded that far.”
— K.S.A. § 58a-103(14) — 1 case
Jones v. Culver, 329 P.3d 511 (Kan. Ct. App. 2014). “” K.S.A. 2013 Supp. 58a-103(14).The section states: “If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person’s contribution except to the extent another person has the power to…”
— K.S.A. § 58a-103(15) — 1 case
Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004). “For their second argument, the Grandchildren claim that an annuity could continue their lifetime payments, thereby continuing the material purpose of the trust after its termination. This argument overlooks the purpose of a spendthrift provision, which “restrains either…”
— K.S.A. § 58a-103(19) — 1 case
In Re the Trust of Hildebrandt, 388 P.3d 918 (Kan. Ct. App. 2017). “) K.S.A. 2015 Supp. 58a-103(19) states: “‘Trustee’ includes an original, additional, and successor trustee, and a co-trustee.”
— K.S.A. § 58a-103(2) — 1 case
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). “K.S.A. 2004 Supp. 58a-103(12). A beneficiary, in turn, is a person who “[h]as a present or future beneficial interest in a trust, vested or contingent,” or holds a power of appointment over trust property in a nontrustee capacity.”
— K.S.A. § 58a-103(2)(A) — 2 cases
Kastner v. Intrust Bank, 569 F. App'x 593 (10th Cir. 2014). “” Kan. Stat. Ann. § 58a-103(2)(A). Although Kansas has substantially adopted the Uniform Trust Code (“UTC”), its definition of a “qualified beneficiary” is a departure from the UTC.”
UMB Bank, N.A. v. Kansas East Conf. of United Methodist Church, Inc., 193 P.3d 490 (Kan. Ct. App. 2008). “A future interest occurs when “the privilege of possession or of other enjoyment is future and not present.”
— K.S.A. § 58a-103(3) — 2 cases
Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004). “For their second argument, the Grandchildren claim that an annuity could continue their lifetime payments, thereby continuing the material purpose of the trust after its termination. This argument overlooks the purpose of a spendthrift provision, which “restrains either…”
Angela K. Hudson v. UMB Bank, N.A., Tr. of A.B. Hudson Testamentary Trust, 447 S.W.3d 714 (Mo. Ct. App. 2014). “” K.S.A. 2013 Supp. 58a-103(3). K.S.A. 58a-405(a) provides that a “charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is…”
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