uniform trust code - Kansas Judicial Branch

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(f) Except as otherwise provided in subsection (g), a trustee who does not join in an
action of another trustee is not liable for the action.
(g) Each trustee shall exercise reasonable care to:
(1) prevent a cotrustee from committing a serious breach of trust; and
(2) compel a cotrustee to redress a serious breach of trust.
(h) A dissenting trustee who joins in an action at the direction of the majority of the
trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable
for the action unless the action is a serious breach of trust.
Kansas Comment
Subsection (a) conforms to Kansas law. See K.S.A. 58-1206(a) (any power vested in three
or more trustees may be exercised by a majority).
Subsection (b) conforms to Kansas law. See K.S.A. 58-1206(b) (if cotrustee declines
appointment or ceases to be a trustee, surviving or remaining trustees shall perform the trust).
Subsection (c) generally conforms to Kansas law. See K.S.A. 58-1206(d) (cotrustee required
to participate in administration of trust); K.S.A. 17-5004(b) (trustee may delegate investment
functions). Provision excusing cotrustee is new.
Subsection (d) is new, although consistent with Kansas law. See K.S.A. 58-1206(b) (if
cotrustee unable to accept appointment, remaining trustee(s) shall perform the trust).
Subsection (e) is generally consistent with Kansas law. See K.S.A. 58-1204 (trustee shall
not transfer office to another or delegate entire administration of trust to cotrustee or another);
K.S.A. 17-5004(b)(1) (trustee has duty not to delegate the performance of any acts involving the
exercise of judgment and discretion, except acts constituting investment functions). The second
sentence is new.
Subsection (f) conforms to Kansas law. See K.S.A. 58-1206(a).
Subsection (g)(1) conforms to Kansas law. See K.S.A. 58-1206(d) (cotrustee liable for
failure to attempt to prevent a breach of trust). See also Gillespie v. Seymour, 250 Kan. 123, 150,
823 P.2d 782 (1991) (dissenting opinion) (trustee has duty to guard trust estate against breaches of
trust by cotrustees).
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