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Missouri Revised Statutes

Mo. Rev. Stat. § 527.040 (2026)

Declaration of rights or legal relationships, right to obtain, when

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  527.040.  Declaration of rights or legal relationships, right to obtain, when. — Any person interested as or through a personal representative, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect thereto:

  (1)  To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or

  (2)  To direct the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

  (3)  To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

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(RSMo 1939 § 1129, A.L. 1983 S.B. 44 & 45)

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1964–2021 · leading case: Lynch v. Lynch, 260 S.W.3d 834 (Mo. 2008).
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Lynch v. Lynch, 260 S.W.3d 834 (Mo. 2008). · cites it 2× “02(b); section 527.040. 9 . A trust may fail because of the terms of the trust, applicable law, the nature of the beneficiaries, or the purposes of the trust, for example: (1) if the settlor failed to describe any beneficiaries or described them indefinitely; (2) if his trust…”
Betty G. Weldon Revocable Trust Ex Rel. Vivion v. Weldon, 231 S.W.3d 158 (Mo. Ct. App. 2007). · cites it 2× “02(b); § 527.040, RSMo 2000. Furthermore, section 456.”
Meyer v. Meyer, 21 S.W.3d 886 (Mo. Ct. App. 2000). · cites it 5× “Brothers argue that the circuit court has jurisdiction to hear their declaratory judgment action pursuant to Section 527.040, RSMo 1994 4 because the circuit court and the probate court both have the power to determine matters concerning rights in decedents’ estates.”
Younghaus v. Lakey, 559 S.W.2d 30 (Mo. Ct. App. 1977). · cites it 3× “Appeal from summary judgment of dismissal of plaintiffs’ action for determination and declaration under Section 527.040, RSMo 1969, that they are the heirs at law of Dave Yolk, deceased, and entitled to succeed to his property.”
In re the Est. of Spencer, 417 S.W.3d 364 (Mo. Ct. App. 2013). · cites it 4× “2010), citing Section 527.040(3), 4 and Betty G. Weldon Revocable Trust ex rel.”
Hannebaum v. Est. of Chrisman, 723 S.W.2d 484 (Mo. Ct. App. 1986). · cites it 2× “The motion for construction was filed under the declaratory judgment statute, § 527.040(3), RSMo and rule 87.02. Since 1955, under § 474.”
Kalberloh v. Stewart, 378 S.W.2d 820 (Mo. Ct. App. 1964). · cites it 3× “Did count one state a cause of action for a declaratory judgment? Section 527.040, RSMo, V.A.M.S., reads: “Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in…”
In Re Est. of Blair, 317 S.W.3d 84 (Mo. Ct. App. 2010). “§ 527.040. He filed a petition asking for just such relief.”
Epperly v. Mercantile Trust & S. Bank of Quincy, Ill., 415 S.W.2d 819 (Mo. 1967). · cites it 2× “Lore, some of whom join with plaintiff asking for a declaratory judgment as to the validity of the trust provision under § 527.040, RSMo 1959, V.A.M.S. The charitable trust provisions of the will are in part as follows: “Article Third: Believing that a Higher Power has helped me…”
Stifel v. Butcher, 487 S.W.2d 24 (Mo. 1972). · cites it 2× “There is no question that, under the Declaratory Judgment Law (§ 527.040, RSMo 1969, V.A.M. *36 S.), a court would presently have jurisdiction to render a determination such as that made here, but the exercise of such power should be withheld in these circumstances.”
In Re Clifton E. Morton Revocable Trust, 308 S.W.3d 287 (Mo. Ct. App. 2010). · cites it 2× “For guidance we look to a recent decision by our Supreme Court, where the court noted: Any person who is interested as or through a trustee or other fiduciary in the administration of a trust or of the estate of a decedent may have a declaration of rights or legal relations with…”
N. R. v. R. J. D., 588 S.W.2d 76 (Mo. Ct. App. 1979). “2 Plaintiff contends that the circuit court had jurisdiction to determine heirship under § 527.040 which authorizes the circuit court by way of declaratory judgment “To ascertain any class of creditors, devisees, legatees, heirs, next of kin or other .”
Show all 17 citing cases →
Mo. Rev. Stat. § 527.040(3): 4 cases
In re the Est. of Spencer, 417 S.W.3d 364 (Mo. Ct. App. 2013). “2010), citing Section 527.040(3), 4 and Betty G. Weldon Revocable Trust ex rel.”
Hannebaum v. Est. of Chrisman, 723 S.W.2d 484 (Mo. Ct. App. 1986). “The motion for construction was filed under the declaratory judgment statute, § 527.040(3), RSMo and rule 87.02. Since 1955, under § 474.”
Schumacher v. Schumacher, 303 S.W.3d 170 (Mo. Ct. App. 2010).
Howard Smith, Darrell Smith, & Howard Smith & Darrell Smith, In Their Capacities As Co-Trs. Of The Virginia Marie Smith Revocable Trust (An Inter Vivos Trust Agreement) Executed on June 20, 2006 v. Roger C. Smith & Lavonne Morrisey, 623 S.W.3d 662 (Mo. Ct. App. 2021).
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