Kansas Statutes Annotated

K.S.A. § 58a-406 (2026)

Creation of trust induced by fraud, duress, or undue influence

✓ current as of May 2026

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58a-406. Creation of trust induced by fraud, duress, or undue influence. (a) A trust is void to the extent its creation was induced by fraud, duress, or undue influence.

(b) Any provision in a trust, written or prepared for another person, that transfers property and that gives the writer or preparer or the writer or preparer's parent, children, issue, sibling or spouse any direct or indirect benefit is invalid unless: (1) The writer or preparer is related to the settlor by blood, marriage or adoption and the benefit is not more than the writer or preparer or the writer or preparer's parent, children, issue, sibling or spouse would receive under the laws of intestate succession, if the transfer or benefit passed in that manner; or (2) it affirmatively appears that the settlor had read or knew the contents of the trust and had independent legal advice with reference thereto. The words "children" and "issue" as used in this section, are defined in K.S.A. 59-501, and amendments thereto.

History: L. 2002, ch. 133, § 27; L. 2004, ch. 158, § 5; July 1.

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Cresto v. Cresto, 358 P.3d 831 (Kan. 2015).

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Cresto v. Cresto, 358 P.3d 831 (Kan. 2015). · cites it 2× “59-605 or K.S.A. 58a-406(b) and common-law undue influence exerted by Kathleen.”

— K.S.A. § 58a-406(b) — 1 case

Cresto v. Cresto, 358 P.3d 831 (Kan. 2015). “59-605 or K.S.A. 58a-406(b) and common-law undue influence exerted by Kathleen.”

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