58a-412.
Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
History:
L. 2002, ch. 133, § 33; January 1, 2003.
Notes of Decisions
Est. of Somers v. Firstar Bank, 89 P.3d 898 (Kan. 2004).
· cites it 4× “K.S.A. 2003 Supp. 58a-412 provides: “(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust.”
In Re Trust D Created Under the Last Will & Testament of Darby, 234 P.3d 793 (Kan. 2010).
· cites it 6× “The Court is also authorized, under K.S.A. § 58a-412, to modify the Trust as set forth in the Petition because Trust D is not providing enough income to satisfy the basic living needs of Petitioner Marjorie D.”
In Re Harris Testamentary Trust, 69 P.3d 1109 (Kan. 2003).
“Modification, under the uniform code and specifically under K.S.A. 2002 Supp. 58a-416, is authorized where the terms of the trust to be changed meet the settlor s tax-saving objectives and the resulting terms, particularly the dispositive provisions, are not inconsistent with…”
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 3× “Instead, the trial court circuitously found that Count II of the petition was an indirect attempt to modify the trusts under K.S.A. 58a-412. The trial court then found that the grandchildren did not prove the conditions to modification required by that statute: (i) the existence…”
White v. Kansas Health Policy Auth., 198 P.3d 172 (Kan. Ct. App. 2008).
· cites it 3× “However, K.S.A. 58a-412, which is part of the Kansas Uniform Trust Code, provides in part: “(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination…”
Mounkes v. Mounkes (Kan. Ct. App. 2020).
· cites it 4× “We don't read the statute as granting a district court the authority to declare a trust void from its inception and, thus, without any legal effect.”
Miller v. Miller (Kan. Ct. App. 2024).
· cites it 2× “" K.S.A. 58a-412, UTC Comments. The district court's damages award made such a change.”
— K.S.A. § 58a-412(a) — 4 cases
Angela K. Hudson v. UMB Bank, N.A., Tr. of A.B. Hudson Testamentary Trust, 447 S.W.3d 714 (Mo. Ct. App. 2014).
“Instead, the trial court circuitously found that Count II of the petition was an indirect attempt to modify the trusts under K.S.A. 58a-412. The trial court then found that the grandchildren did not prove the conditions to modification required by that statute: (i) the existence…”
White v. Kansas Health Policy Auth., 198 P.3d 172 (Kan. Ct. App. 2008).
“However, K.S.A. 58a-412, which is part of the Kansas Uniform Trust Code, provides in part: “(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination…”
Miller v. Miller (Kan. Ct. App. 2024).
“" K.S.A. 58a-412, UTC Comments. The district court's damages award made such a change.”
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