K.S.A. » Chapter 58a
Kansas Statutes Annotated

K.S.A. § 58a-803 (2026)

Impartiality

✓ current as of May 2026
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58a-803. Impartiality. If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.

History: L. 2002, ch. 133, § 60; January 1, 2003.

CASE ANNOTATIONS

1. Trustee violated duties of loyalty, impartiality and prudence where trustee failed to act as a fiduciary to all the beneficiaries, and trust language giving uncontrolled discretion does not relieve a trustee from fiduciary duties. Roenne v. Miller, 58 Kan. App. 2d 836, 475 P.3d 708 (2020).


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Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2022 · leading case: Roenne v. Miller, 475 P.3d 708 (Kan. Ct. App. 2020).
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Roenne v. Miller, 475 P.3d 708 (Kan. Ct. App. 2020). · cites it 2× “K.S.A. 58a-803. 8. The duty of prudent administration requires a trustee to administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust.”
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006). “In the court’s view, Darryl’s numerous roles, including trustee, executor, tax preparer, expert witness, beneficiary, and family member to other beneficiaries, created a conflict of interest which impacted his ability to administer the trust in an impartial manner, thus placing…”
Culliss v. Culliss, 514 P.3d 376 (Kan. Ct. App. 2022). “58a-802 (the duty of loyalty to the trust beneficiaries); K.S.A. 58a-803 (the duty to act impartially); and K.”
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