K.S.A. » Chapter 58a

K.S.A. § 58a-410

Modification or termination of trust; proceedings for approval or disapproval

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58a-410. Modification or termination of trust; proceedings for approval or disapproval. (a) In addition to the methods of termination prescribed by K.S.A. 58a-411 through 58a-414, and amendments thereto, a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy, or impossible to achieve.

(b) A proceeding to approve or disapprove a proposed modification or termination under K.S.A. 58a-411 through 58a-416, and amendments thereto, or trust combination or division under K.S.A. 58a-417, and amendments thereto, may be commenced by a trustee or qualified beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under K.S.A. 58a-411, and amendments thereto, may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under K.S.A. 58a-413, and amendments thereto.

History: L. 2002, ch. 133, § 31; January 1, 2003.

Notes of Decisions
Cited in 7 cases, 2004–2017 · leading case: Estate of Somers v. Firstar Bank
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Estate of Somers v. Firstar Bank (2004) kan · cites it 2× “The KUTC addresses modification and termination of a trust in K.S.A. 2003 Supp. 58a-410 through K.S.A. 2003 Supp.”
In Re the Trust of Hildebrandt (2017) kanctapp “K.S.A. 58a-410(b) identifies who has standing to petition for approval or disapproval of a proposed modification or termination of a trust.”
Estate of Draper v. Bank of America, N.A. (2009) kan “715 (1917) (action for breach of contract to will property arises at death of promisor or when performance becomes legal impossibility); see also K.S.A. 58a-410 to K.S.A. 58a-416 (providing mechanism to modify or terminate irrevocable trusts upon beneficiaries’ agreement).”
Hamel v. Hamel (2013) kan “” K.S.A. 58a-410(a); see In re Estate of Somers, 277 Kan.”
Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers) (2006) ksb · cites it 2× “Kan. Stat. Ann. § 58a-410(a) recognizes that a trust may terminate by its terms even though the trust instrument may be silent concerning termination.”
In Re the Estate of Oswald (2010) kanctapp “” K.S.A. 58a-410(a). “[Ojn termination of the trust,” a trustee’s duty under the KUTC is to “exercise the powers appropriate to wind up the administration of the trust and distribute the property to the persons entitled to it.”
UMB Bank, N.A. v. Kansas East Conference of United Methodist Church, Inc. (2008) kanctapp “” K.S.A. 58a-410(a). “[O]n termination of the trust,” a trustee’s duty under the KUTC is to “exercise the powers appropriate to wind up the administration of the trust and distribute tire property to the persons entitled to it.”
— K.S.A. § 58a-410(a) — 5 cases
Estate of Somers v. Firstar Bank (2004) kan “The KUTC addresses modification and termination of a trust in K.S.A. 2003 Supp. 58a-410 through K.S.A. 2003 Supp.”
Hamel v. Hamel (2013) kan “” K.S.A. 58a-410(a); see In re Estate of Somers, 277 Kan.”
Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers) (2006) ksb “Kan. Stat. Ann. § 58a-410(a) recognizes that a trust may terminate by its terms even though the trust instrument may be silent concerning termination.”
In Re the Estate of Oswald (2010) kanctapp “” K.S.A. 58a-410(a). “[Ojn termination of the trust,” a trustee’s duty under the KUTC is to “exercise the powers appropriate to wind up the administration of the trust and distribute the property to the persons entitled to it.”
UMB Bank, N.A. v. Kansas East Conference of United Methodist Church, Inc. (2008) kanctapp “” K.S.A. 58a-410(a). “[O]n termination of the trust,” a trustee’s duty under the KUTC is to “exercise the powers appropriate to wind up the administration of the trust and distribute tire property to the persons entitled to it.”
— K.S.A. § 58a-410(b) — 1 case
In Re the Trust of Hildebrandt (2017) kanctapp “K.S.A. 58a-410(b) identifies who has standing to petition for approval or disapproval of a proposed modification or termination of a trust.”
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