58a-1106.
Application to existing relationships.
(a) Except as otherwise provided in this act, on the effective date of this act:
(1) This act applies to all trusts created before, on, or after its effective date;
(2) this act applies to all judicial proceedings concerning trusts commenced on or after its effective date;
(3) this act applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this act does not apply and the superseded law applies;
(4) any rule of construction or presumption provided in this act applies to trust instruments executed before the effective date of the act unless there is a clear indication of a contrary intent in the terms of the trust; and
(5) an act done before the effective date of the act is not affected by this act.
(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or superseded.
History:
L. 2002, ch. 133, § 92; January 1, 2003.
Notes of Decisions
In Re Harris Testamentary Trust, 69 P.3d 1109 (Kan. 2003).
· cites it 4× “K.S.A. 2002 Supp. 58a-1106(a)(l) provides that except as otherwise provided “[tjhis act applies to all trusts created before, on, or after its effective date.”
McCabe v. Duran, 180 P.3d 1098 (Kan. Ct. App. 2008).
· cites it 8× “The court, however, did not address the other provisions of K.S.A. 58a-1106(a), which purport to give the KUTC a broader reach.”
McGinley v. Bank of Am., N.A., 109 P.3d 1146 (Kan. 2005).
“While the KUTC therefore does not apply to the trustee Bank’s acts in this case (see K.S.A. 2003 Supp. 58a-1106[a][5]), it does demonstrate the continuity of Kansas statutory law on trust issues.”
Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004).
“of the parties, in which case the particular provision of this act does not apply and the superseded law applies.”
Redmond v. Kester, 159 P.3d 1004 (Kan. 2007).
“K.S.A. 58a-1106(a)(l) makes the Kansas Uniform Trust Code applicable to “all trusts created before, on, or after its effective date.”
Godley v. Valley View State Bank, 89 P.3d 595 (Kan. 2004).
“See K.S.A. 2003 Supp. 58a-1106(a)(3) (KUTC applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this act would prejudice the rights of the parties, in which case the particular…”
Hemphill v. Shore, 239 P.3d 885 (Kan. Ct. App. 2010).
“” K.S.A. 58a-1106(a)(5). As stated earlier, the Trust was created on December 28,1984, before the enactment of the KUTC.”
— K.S.A. § 58a-1106(a) — 1 case
McCabe v. Duran, 180 P.3d 1098 (Kan. Ct. App. 2008).
“The court, however, did not address the other provisions of K.S.A. 58a-1106(a), which purport to give the KUTC a broader reach.”
— K.S.A. § 58a-1106(a)(1) — 1 case
McCabe v. Duran, 180 P.3d 1098 (Kan. Ct. App. 2008).
“The court, however, did not address the other provisions of K.S.A. 58a-1106(a), which purport to give the KUTC a broader reach.”
— K.S.A. § 58a-1106(a)(2) — 1 case
McCabe v. Duran, 180 P.3d 1098 (Kan. Ct. App. 2008).
“The court, however, did not address the other provisions of K.S.A. 58a-1106(a), which purport to give the KUTC a broader reach.”
— K.S.A. § 58a-1106(a)(3) — 3 cases
In Re Harris Testamentary Trust, 69 P.3d 1109 (Kan. 2003).
“K.S.A. 2002 Supp. 58a-1106(a)(l) provides that except as otherwise provided “[tjhis act applies to all trusts created before, on, or after its effective date.”
Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004).
“of the parties, in which case the particular provision of this act does not apply and the superseded law applies.”
Godley v. Valley View State Bank, 89 P.3d 595 (Kan. 2004).
“See K.S.A. 2003 Supp. 58a-1106(a)(3) (KUTC applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this act would prejudice the rights of the parties, in which case the particular…”
— K.S.A. § 58a-1106(a)(4) — 1 case
In Re Harris Testamentary Trust, 69 P.3d 1109 (Kan. 2003).
“K.S.A. 2002 Supp. 58a-1106(a)(l) provides that except as otherwise provided “[tjhis act applies to all trusts created before, on, or after its effective date.”
— K.S.A. § 58a-1106(a)(5) — 2 cases
McCabe v. Duran, 180 P.3d 1098 (Kan. Ct. App. 2008).
“The court, however, did not address the other provisions of K.S.A. 58a-1106(a), which purport to give the KUTC a broader reach.”
Hemphill v. Shore, 239 P.3d 885 (Kan. Ct. App. 2010).
“” K.S.A. 58a-1106(a)(5). As stated earlier, the Trust was created on December 28,1984, before the enactment of the KUTC.”
— K.S.A. § 58a-1106(a)(l) — 2 cases
Redmond v. Kester, 159 P.3d 1004 (Kan. 2007).
“K.S.A. 58a-1106(a)(l) makes the Kansas Uniform Trust Code applicable to “all trusts created before, on, or after its effective date.”
In Re Harris Testamentary Trust, 69 P.3d 1109 (Kan. 2003).
“K.S.A. 2002 Supp. 58a-1106(a)(l) provides that except as otherwise provided “[tjhis act applies to all trusts created before, on, or after its effective date.”
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