Kansas Statutes Annotated

K.S.A. § 58a-405 (2026)

Charitable purposes; enforcement

✓ current as of May 2026
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58a-405. Charitable purposes; enforcement. (a) 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 beneficial to the community.

(b) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.

(c) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.

History: L. 2002, ch. 133, § 26; January 1, 2003.


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Notes of Decisions
Cited in 2 cases, 2004–2014 · leading case: Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004).
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Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004). · cites it 2× “58a-103(3), which describes a “charitable trust” as “a trust, or portion of a trust, created for a charitable purpose described in subsection (a) of K.S.A. 2003 Supp. 58a-405, and amendments thereto.”
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 4× “18 Under Kansas law, a charitable trust is defined as “a trust, or portion of a trust, created for a charitable purpose described in subsection (a) of K.S.A. 58a-405.” K.S.A. 2013 Supp. 58a-103(3).”
— K.S.A. § 58a-405(a) — 2 cases
Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004). “58a-103(3), which describes a “charitable trust” as “a trust, or portion of a trust, created for a charitable purpose described in subsection (a) of K.S.A. 2003 Supp. 58a-405, and amendments thereto.”
Angela K. Hudson v. UMB Bank, N.A., Tr. of A.B. Hudson Testamentary Trust, 447 S.W.3d 714 (Mo. Ct. App. 2014). “18 Under Kansas law, a charitable trust is defined as “a trust, or portion of a trust, created for a charitable purpose described in subsection (a) of K.S.A. 58a-405.” K.S.A. 2013 Supp. 58a-103(3).”
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