K.S.A. » Chapter 58a

K.S.A. § 58a-416

Modification to achieve settlor's tax objectives

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58a-416. Modification to achieve settlor's tax objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.

History: L. 2002, ch. 133, § 37; January 1, 2003.

Notes of Decisions
Cited in 3 cases, 2003–2010 · leading case: In Re Trust D Created Under the Last Will & Testament of Darby
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In Re Trust D Created Under the Last Will & Testament of Darby (2010) kan · cites it 5× “Finally, the Court is authorized, under K.S.A. § 58a-416, to modify tire Trust as set forth in the Petition because, under the terms that presently govern the administration of Trust D, at Petitioner Marjorie D.”
In Re Harris Testamentary Trust (2003) kan · cites it 3× “Reformation under K.S.A. 2002 Supp. 58a-415 is available when the terms of a trust fail to reflect the donors original particularized intention.”
Estate of Draper v. Bank of America, N.A. (2009) kan “58a-410 to K.S.A. 58a-416 (providing mechanism to modify or terminate irrevocable trusts upon beneficiaries’ agreement).”
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