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

K.S.A. § 58a-402 (2026)

Requirements for creation

✓ current as of May 2026
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58a-402. Requirements for creation. (a) A trust is created only if:

(1) The settlor has capacity to create a trust;

(2) the settlor indicates an intention to create the trust;

(3) the trust has a definite beneficiary or is:

(A) A charitable trust;

(B) a trust for the care of an animal, as provided in K.S.A. 58a-408, and amendments thereto; or

(C) a trust for a noncharitable purpose, as provided in K.S.A. 58a-409, and amendments thereto;

(4) the trustee has duties to perform; and

(5) the same person is not the sole trustee and sole beneficiary.

(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.

History: L. 2002, ch. 133, § 23; January 1, 2003.

Notes of Decisions
Cited in 6 cases, 2004–2017 · leading case: Welch v. Crow, 2009 OK 20 (Okla. 2009).
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Welch v. Crow, 2009 OK 20 (Okla. 2009). · cites it 2× “0402 (2009); Kan. Stat. Ann. § 58a-402 (2009); Me. Rev.”
In re Est. of Moore – Gardner – Affirmed – Cowley, 390 P.3d 551 (Kan. Ct. App. 2017). · cites it 2× “Therefore, we do not determine whether the requirements of K.S.A. 58a-402 were met or whether a resulting trust was created.”
Redmond v. Kester, 159 P.3d 1004 (Kan. 2007). “See K.S.A. 58a-402 (allowing the creation of a trust in which the settlor is tire trustee and a beneficiary, as long as there is another beneficiary).”
Godley v. Valley View State Bank, 89 P.3d 595 (Kan. 2004). “See, *744 K.S.A. 2003 Supp. 58a-401; K.S.A. 2003 Supp.”
Matson v. Kansas Dep't of Corr., 346 P.3d 327 (Kan. 2015). “See K.S.A. 58a-402(a). The statutory scheme establishing the inmate trust fund satisfies these criteria.”
Lowe v. Experian, 340 F. Supp. 2d 1170 (D. Kan. 2004). · cites it 2× “See Kan. Stat. Ann. § 58a-402. However, Dorothy M.”
— K.S.A. § 58a-402(a) — 1 case
Matson v. Kansas Dep't of Corr., 346 P.3d 327 (Kan. 2015). “See K.S.A. 58a-402(a). The statutory scheme establishing the inmate trust fund satisfies these criteria.”
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