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Statutes > Kansas > Chapter58a > Article10 > Statutes_23150

58a-1013

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

      58a-1013.   Certification of trust.(a) Instead offurnishing a copy of the trust instrument to a person other than aqualified beneficiary, the trustee may furnish to the person an acknowledgedcertification of trustcontaining the followinginformation:

      (1)   That the trust exists and the date the trust instrument was executed;

      (2)   the identity of the settlor;

      (3)   the identity and address of the currently acting trustee;

      (4)   the powers of the trustee;

      (5)   the revocability or irrevocability of the trust and the identity of anypersonholding a power to revoke the trust;

      (6)   the authority of cotrustees to sign or otherwise authenticate and whetherall orless than all are required in order to exercise powers of the trustee;

      (7)   the trust's taxpayer identification number; and

      (8)   the manner of taking title to trust property.

      (b)   A certification of trust may be signed or otherwise authenticated by anytrustee.

      (c)   A certification of trust must state that the trust has not been revoked,modified, oramended in any manner that would cause the representations contained in thecertification of trustto be incorrect.

      (d)   A certification of trust need not contain the dispositive terms of atrust.

      (e)   A recipient of a certification of trust may require the trustee tofurnish copies ofthose excerpts from the original trust instrument and later amendments whichdesignate the trusteeand confer upon the trustee the power to act in the pending transaction.

      (f)   A person who acts in reliance upon a certification of trust withoutknowledge thatthe representations contained therein are incorrect is not liable to any personfor so acting and mayassume without inquiry the existence of the facts contained in thecertification. Knowledge of theterms of the trust may not be inferred solely from the fact that a copy of allor part of the trustinstrument is held by the person relying upon the certification.

      (g)   A person who in good faith enters into a transaction in reliance upon acertificationof trust may enforce the transaction against the trust property as if therepresentations contained inthe certification were correct.

      (h)   A person making a demand for the trust instrument in addition to acertificationof trust or excerpts is liable for damages if the court determines that theperson did not act in goodfaith in demanding the trust instrument.

      (i)   This section does not limit the right of a person to obtain a copy of thetrustinstrument in a judicial proceeding concerning the trust.

      History:   L. 2002, ch. 133, § 88; Jan. 1, 2003.

State Codes and Statutes

Statutes > Kansas > Chapter58a > Article10 > Statutes_23150

58a-1013

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

      58a-1013.   Certification of trust.(a) Instead offurnishing a copy of the trust instrument to a person other than aqualified beneficiary, the trustee may furnish to the person an acknowledgedcertification of trustcontaining the followinginformation:

      (1)   That the trust exists and the date the trust instrument was executed;

      (2)   the identity of the settlor;

      (3)   the identity and address of the currently acting trustee;

      (4)   the powers of the trustee;

      (5)   the revocability or irrevocability of the trust and the identity of anypersonholding a power to revoke the trust;

      (6)   the authority of cotrustees to sign or otherwise authenticate and whetherall orless than all are required in order to exercise powers of the trustee;

      (7)   the trust's taxpayer identification number; and

      (8)   the manner of taking title to trust property.

      (b)   A certification of trust may be signed or otherwise authenticated by anytrustee.

      (c)   A certification of trust must state that the trust has not been revoked,modified, oramended in any manner that would cause the representations contained in thecertification of trustto be incorrect.

      (d)   A certification of trust need not contain the dispositive terms of atrust.

      (e)   A recipient of a certification of trust may require the trustee tofurnish copies ofthose excerpts from the original trust instrument and later amendments whichdesignate the trusteeand confer upon the trustee the power to act in the pending transaction.

      (f)   A person who acts in reliance upon a certification of trust withoutknowledge thatthe representations contained therein are incorrect is not liable to any personfor so acting and mayassume without inquiry the existence of the facts contained in thecertification. Knowledge of theterms of the trust may not be inferred solely from the fact that a copy of allor part of the trustinstrument is held by the person relying upon the certification.

      (g)   A person who in good faith enters into a transaction in reliance upon acertificationof trust may enforce the transaction against the trust property as if therepresentations contained inthe certification were correct.

      (h)   A person making a demand for the trust instrument in addition to acertificationof trust or excerpts is liable for damages if the court determines that theperson did not act in goodfaith in demanding the trust instrument.

      (i)   This section does not limit the right of a person to obtain a copy of thetrustinstrument in a judicial proceeding concerning the trust.

      History:   L. 2002, ch. 133, § 88; Jan. 1, 2003.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter58a > Article10 > Statutes_23150

58a-1013

Chapter 58a.--KANSAS UNIFORM TRUST CODE
Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

      58a-1013.   Certification of trust.(a) Instead offurnishing a copy of the trust instrument to a person other than aqualified beneficiary, the trustee may furnish to the person an acknowledgedcertification of trustcontaining the followinginformation:

      (1)   That the trust exists and the date the trust instrument was executed;

      (2)   the identity of the settlor;

      (3)   the identity and address of the currently acting trustee;

      (4)   the powers of the trustee;

      (5)   the revocability or irrevocability of the trust and the identity of anypersonholding a power to revoke the trust;

      (6)   the authority of cotrustees to sign or otherwise authenticate and whetherall orless than all are required in order to exercise powers of the trustee;

      (7)   the trust's taxpayer identification number; and

      (8)   the manner of taking title to trust property.

      (b)   A certification of trust may be signed or otherwise authenticated by anytrustee.

      (c)   A certification of trust must state that the trust has not been revoked,modified, oramended in any manner that would cause the representations contained in thecertification of trustto be incorrect.

      (d)   A certification of trust need not contain the dispositive terms of atrust.

      (e)   A recipient of a certification of trust may require the trustee tofurnish copies ofthose excerpts from the original trust instrument and later amendments whichdesignate the trusteeand confer upon the trustee the power to act in the pending transaction.

      (f)   A person who acts in reliance upon a certification of trust withoutknowledge thatthe representations contained therein are incorrect is not liable to any personfor so acting and mayassume without inquiry the existence of the facts contained in thecertification. Knowledge of theterms of the trust may not be inferred solely from the fact that a copy of allor part of the trustinstrument is held by the person relying upon the certification.

      (g)   A person who in good faith enters into a transaction in reliance upon acertificationof trust may enforce the transaction against the trust property as if therepresentations contained inthe certification were correct.

      (h)   A person making a demand for the trust instrument in addition to acertificationof trust or excerpts is liable for damages if the court determines that theperson did not act in goodfaith in demanding the trust instrument.

      (i)   This section does not limit the right of a person to obtain a copy of thetrustinstrument in a judicial proceeding concerning the trust.

      History:   L. 2002, ch. 133, § 88; Jan. 1, 2003.