Article 4.--CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST
58a-406.Creation of trust induced by fraud, duress,or undue influence.(a) A trust is void to the extent its creation was induced by fraud, duress, orundue influence.
(b) Any provision in a trust, written or prepared for another person, thattransfers property and that gives the writer or preparer or the writer orpreparer's parent, children, issue, sibling or spouse any direct or indirectbenefit is invalid unless: (1) The writer or preparer is related to the settlorby blood, marriage or adoption and the benefit is not more than the writer orpreparer or the writer or preparer's parent, children, issue, sibling or spousewould receive under the laws of intestate succession, if the transfer orbenefit passed in that manner; or (2) it affirmatively appears that the settlorhad read or knew the contents of the trust and had independent legal advicewith reference thereto. The words "children" and "issue" as used in thissection, are defined in K.S.A. 59-501, and amendments thereto.
History: L. 2002, ch. 133, § 27;L. 2004, ch. 158, § 5; July 1.
Article 4.--CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST
58a-406.Creation of trust induced by fraud, duress,or undue influence.(a) A trust is void to the extent its creation was induced by fraud, duress, orundue influence.
(b) Any provision in a trust, written or prepared for another person, thattransfers property and that gives the writer or preparer or the writer orpreparer's parent, children, issue, sibling or spouse any direct or indirectbenefit is invalid unless: (1) The writer or preparer is related to the settlorby blood, marriage or adoption and the benefit is not more than the writer orpreparer or the writer or preparer's parent, children, issue, sibling or spousewould receive under the laws of intestate succession, if the transfer orbenefit passed in that manner; or (2) it affirmatively appears that the settlorhad read or knew the contents of the trust and had independent legal advicewith reference thereto. The words "children" and "issue" as used in thissection, are defined in K.S.A. 59-501, and amendments thereto.
History: L. 2002, ch. 133, § 27;L. 2004, ch. 158, § 5; July 1.
Article 4.--CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST
58a-406.Creation of trust induced by fraud, duress,or undue influence.(a) A trust is void to the extent its creation was induced by fraud, duress, orundue influence.
(b) Any provision in a trust, written or prepared for another person, thattransfers property and that gives the writer or preparer or the writer orpreparer's parent, children, issue, sibling or spouse any direct or indirectbenefit is invalid unless: (1) The writer or preparer is related to the settlorby blood, marriage or adoption and the benefit is not more than the writer orpreparer or the writer or preparer's parent, children, issue, sibling or spousewould receive under the laws of intestate succession, if the transfer orbenefit passed in that manner; or (2) it affirmatively appears that the settlorhad read or knew the contents of the trust and had independent legal advicewith reference thereto. The words "children" and "issue" as used in thissection, are defined in K.S.A. 59-501, and amendments thereto.
History: L. 2002, ch. 133, § 27;L. 2004, ch. 158, § 5; July 1.
