58a-105.Default and mandatory rules.(a) Except as otherwise provided in the terms of the trust, this code governsthe duties and powers of a trustee, relations among trustees and the rights andinterests of a beneficiary.
(b) The terms of a trust prevail over any provision of this code except:
(1) The requirements for creating a trust;
(2) the duty of a trustee to act in good faith and administer thetrust in accordance with K.S.A. 58a-801, and amendments thereto;
(3) the requirement that a trust and its terms be for the benefit of itsbeneficiaries, and that the trust have a purpose that is lawful, not contraryto public policy and possible to achieve;
(4) the power of the court to modify or terminate a trust under K.S.A.58a-410 through 58a-416, and amendments thereto;
(5) the effect of the rights of creditors to reach a trust as provided inarticle 5 of chapter 58a of the Kansas Statutes Annotated,and amendments thereto;
(6) the power of the court under K.S.A. 58a-702, and amendmentsthereto, to require, dispense with, or modify or terminate a bond;
(7) the power of the court under subsection (b) of K.S.A. 58a-708,and amendments thereto, to adjust a trustee's compensation specified in theterms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under K.S.A. 58a-1008, andamendments thereto;
(9) the rights under K.S.A. 58a-1010 through 58a-1013, andamendments thereto, of a person other than a trustee or beneficiary;
(10) periods of limitation for commencing a judicial proceeding under K.S.A.58a-604, and amendments thereto;
(11) the power of the court to take such action and exercise suchjurisdiction as may be necessary in the interests of justice; and
(12) the barring of claims against trusts and trustees under K.S.A. 58a-818, and amendments thereto.
(c) Notwithstanding any provisions of the Kansas uniform trust code to thecontrary, any trust created by will and admitted to probate shall be subject tothe requirements of chapter 59 of the Kansas Statutes Annotated.
History: L. 2002, ch. 133, § 5;L. 2004, ch. 158, § 3;L. 2006, ch. 23, § 2; July 1.
58a-105.Default and mandatory rules.(a) Except as otherwise provided in the terms of the trust, this code governsthe duties and powers of a trustee, relations among trustees and the rights andinterests of a beneficiary.
(b) The terms of a trust prevail over any provision of this code except:
(1) The requirements for creating a trust;
(2) the duty of a trustee to act in good faith and administer thetrust in accordance with K.S.A. 58a-801, and amendments thereto;
(3) the requirement that a trust and its terms be for the benefit of itsbeneficiaries, and that the trust have a purpose that is lawful, not contraryto public policy and possible to achieve;
(4) the power of the court to modify or terminate a trust under K.S.A.58a-410 through 58a-416, and amendments thereto;
(5) the effect of the rights of creditors to reach a trust as provided inarticle 5 of chapter 58a of the Kansas Statutes Annotated,and amendments thereto;
(6) the power of the court under K.S.A. 58a-702, and amendmentsthereto, to require, dispense with, or modify or terminate a bond;
(7) the power of the court under subsection (b) of K.S.A. 58a-708,and amendments thereto, to adjust a trustee's compensation specified in theterms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under K.S.A. 58a-1008, andamendments thereto;
(9) the rights under K.S.A. 58a-1010 through 58a-1013, andamendments thereto, of a person other than a trustee or beneficiary;
(10) periods of limitation for commencing a judicial proceeding under K.S.A.58a-604, and amendments thereto;
(11) the power of the court to take such action and exercise suchjurisdiction as may be necessary in the interests of justice; and
(12) the barring of claims against trusts and trustees under K.S.A. 58a-818, and amendments thereto.
(c) Notwithstanding any provisions of the Kansas uniform trust code to thecontrary, any trust created by will and admitted to probate shall be subject tothe requirements of chapter 59 of the Kansas Statutes Annotated.
History: L. 2002, ch. 133, § 5;L. 2004, ch. 158, § 3;L. 2006, ch. 23, § 2; July 1.
58a-105.Default and mandatory rules.(a) Except as otherwise provided in the terms of the trust, this code governsthe duties and powers of a trustee, relations among trustees and the rights andinterests of a beneficiary.
(b) The terms of a trust prevail over any provision of this code except:
(1) The requirements for creating a trust;
(2) the duty of a trustee to act in good faith and administer thetrust in accordance with K.S.A. 58a-801, and amendments thereto;
(3) the requirement that a trust and its terms be for the benefit of itsbeneficiaries, and that the trust have a purpose that is lawful, not contraryto public policy and possible to achieve;
(4) the power of the court to modify or terminate a trust under K.S.A.58a-410 through 58a-416, and amendments thereto;
(5) the effect of the rights of creditors to reach a trust as provided inarticle 5 of chapter 58a of the Kansas Statutes Annotated,and amendments thereto;
(6) the power of the court under K.S.A. 58a-702, and amendmentsthereto, to require, dispense with, or modify or terminate a bond;
(7) the power of the court under subsection (b) of K.S.A. 58a-708,and amendments thereto, to adjust a trustee's compensation specified in theterms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under K.S.A. 58a-1008, andamendments thereto;
(9) the rights under K.S.A. 58a-1010 through 58a-1013, andamendments thereto, of a person other than a trustee or beneficiary;
(10) periods of limitation for commencing a judicial proceeding under K.S.A.58a-604, and amendments thereto;
(11) the power of the court to take such action and exercise suchjurisdiction as may be necessary in the interests of justice; and
(12) the barring of claims against trusts and trustees under K.S.A. 58a-818, and amendments thereto.
(c) Notwithstanding any provisions of the Kansas uniform trust code to thecontrary, any trust created by will and admitted to probate shall be subject tothe requirements of chapter 59 of the Kansas Statutes Annotated.
History: L. 2002, ch. 133, § 5;L. 2004, ch. 158, § 3;L. 2006, ch. 23, § 2; July 1.
