K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-3405 (2026)

Prospective application

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

59-3405. Prospective application. (a) Except as extended by subsection (b), this act applies to a nonvested property interest or a power of appointment that is created on or after the effective date of this act. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

(b) If a nonvested property interest or a power of appointment was created before the effective date of this act and is determined in a judicial proceeding, commenced on or after the effective date of this act, to violate this state's rule against perpetuities as that rule existed before the effective date of this act, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.

History: L. 1992, ch. 302, § 5; July 1.

CASE ANNOTATIONS

1. The uniform statutory rule against perpetuities does not apply to property interests created by deeds in 1967. Jason Oil Co., LLC v. Littler, 310 Kan. 376, 382, 446 P.3d 1058 (2019).

Notes of Decisions
Cited in 4 cases, 1994–2019 · leading case: Jason Oil Co. v. Littler, 446 P.3d 1058 (Kan. 2019).
Sort: Relevance Newest Treatment
Jason Oil Co. v. Littler, 446 P.3d 1058 (Kan. 2019). · cites it 4× “" K.S.A. 59-3405(a) ; see also Gore v. Beren , 254 Kan.”
Gore v. Beren, 867 P.2d 330 (Kan. 1994). “” K.S.A. 1992 Supp. 59-3405(a). Because the property interest involved in the case at bar was created in 1962 by the Agreement entered into among Theodore Gore, Leben, and Beren, the uniform rule does not apply.”
Rucker v. DeLay, 289 P.3d 1166 (Kan. 2012). “See K.S.A. 59-3405(a); L. 1992, ch. 302, sec.”
Trear v. Chamberlain, 388 P.3d 607 (Kan. Ct. App. 2017). · cites it 2× “See K.S.A. 59-3405(a). Instead, the common-law rule against perpetuities does apply.”
K.S.A. § 59-3405(a): 4 cases
Gore v. Beren, 867 P.2d 330 (Kan. 1994). “” K.S.A. 1992 Supp. 59-3405(a). Because the property interest involved in the case at bar was created in 1962 by the Agreement entered into among Theodore Gore, Leben, and Beren, the uniform rule does not apply.”
Rucker v. DeLay, 289 P.3d 1166 (Kan. 2012). “See K.S.A. 59-3405(a); L. 1992, ch. 302, sec.”
Trear v. Chamberlain, 388 P.3d 607 (Kan. Ct. App. 2017). “See K.S.A. 59-3405(a). Instead, the common-law rule against perpetuities does apply.”
Jason Oil Co. v. Littler, 446 P.3d 1058 (Kan. 2019). “" K.S.A. 59-3405(a) ; see also Gore v. Beren , 254 Kan.”
K.S.A. § 59-3405(b): 2 cases
Jason Oil Co. v. Littler, 446 P.3d 1058 (Kan. 2019). “" K.S.A. 59-3405(a) ; see also Gore v. Beren , 254 Kan.”
Trear v. Chamberlain, 388 P.3d 607 (Kan. Ct. App. 2017). “See K.S.A. 59-3405(a). Instead, the common-law rule against perpetuities does apply.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.