uniform trust code - Kansas Judicial Branch

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Subsection (b) provides that a vacancy in the cotrusteeship must be filled only if the trust has
no remaining trustee. If a vacancy in the cotrusteeship is not filled, Section 703 authorizes the
remaining cotrustees to continue to administer the trust. However, as provided in subsection (d), the
court, exercising its inherent equity authority, may always appoint additional trustees if the
appointment would promote better administration of the trust. See Restatement (Third) of Trusts
§ 34 cmt. e (Tentative Draft No. 2, approved 1999); Restatement (Second) of Trusts § 108 cmt. e
(1959).
Absent an effective provision in the terms of the trust, subsection (c)(2) permits a vacancy
in the trusteeship to be filled, without the need for court approval, by a person selected by
unanimous agreement of the qualified beneficiaries. Pursuant to Section 705(a)(1), the qualified
beneficiaries may also receive the trustee’s resignation. If a trustee resigns following notice to the
qualified beneficiaries as provided in Section 705, the trust may be transferred to a successor
appointed pursuant to subsection (c)(2) of this section, all without court involvement. A
nonqualified beneficiary who is displeased with the choice of the qualified beneficiaries may petition
the court for removal of the trustee under Section 706.
If the qualified beneficiaries fail to make an appointment, subsection (c)(3) authorizes the
court to fill the vacancy. In making the appointment, the court should consider the objectives and
probable intention of the settlor, the promotion of the proper administration of the trust, and the
interests and wishes of the beneficiaries. See Restatement (Third) of Trusts § 34 cmt. f (Tentative
Draft No. 2, approved 1999); Restatement (Second) of Trusts § 108 cmt. d (1959).
In the case of a revocable trust, the appointment of a successor will normally be made
directly by the settlor. As to the duties of a successor trustee with respect to the actions of a
predecessor, see Section 812.
2001 UTC COMMENT
This section includes the 2001 amendments to the 2000 Uniform Trust Code in subsection
(c), (d) and (e). The changes are as follows:
"(c) A vacancy in a trusteeship of a noncharitable trust that is
required to be filled must be filled in the following order of priority:"
"(d) A vacancy in a trusteeship of a charitable trust that is required to
be filled must be filled in the following order of priority:
(1) by a person designated in the terms of the trust to act as
successor trustee;
(2) by a person selected by the charitable organizations
expressly designated to receive distributions under the terms of the
trust if the [attorney general] concurs in the selection; or
(3) by a person appointed by the court. "
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