Kansas Statutes Annotated

K.S.A. § 58a-814 (2026)

Discretionary powers

✓ current as of May 2026

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58a-814. Discretionary powers. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.

History: L. 2002, ch. 133, § 71; January 1, 2003.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2003–2022 · leading case: Lunt v. Peoples Bank (In re Lunt), 500 B.R. 9 (D. Kan. 2013).

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Lunt v. Peoples Bank (In re Lunt), 500 B.R. 9 (D. Kan. 2013). · cites it 4× “) The Debtor then argued that the Trustee’s broad discretion in making distributions in proportions as it deems necessary is limited by the Trustee’s duty to act in good faith, as required by K.S.A. § 58a-814. Debtor claims the Trustee did not act in good faith when it allowed…”

In Re Harris Testamentary Trust, 69 P.3d 1109 (Kan. 2003). “However, in adopting the UTC § 814, Kansas omitted the tax-curative provision of the UTC that imposes an ascertainable standard on language that might otherwise constitute a general power of appointment.”

Roenne v. Miller, 475 P.3d 708 (Kan. Ct. App. 2020). “" K.S.A. 58a-814. The various cases that have dealt with these laws have all recognized that while the intent of the grantor is paramount, the law limits a trustee.”

Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers), 352 B.R. 298 (Bankr. D. Kan. 2006). · cites it 2× “Section 58a-814 requires a trustee to exercise his discretionary powers “in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.”

Boucek v. Boucek, 305 P.3d 597 (Kan. 2013). “He correcdy observes: “The Irrevocable Trust is by its terms Irrevocable/ ” And he argues: “Regardless of how broadly the trust defines a trustee’s discretion—including ‘absolute,’ ‘sole,’ or ‘uncontrolled’—such discretion must be exercised ‘in good faith and in accordance with…”

Culliss v. Culliss, 514 P.3d 376 (Kan. Ct. App. 2022). “58a-803 (the duty to act impartially); and K.S.A. 58a-814 (limiting trustee discretion).”

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