uniform trust code - Kansas Judicial Branch

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"(d) (e) Whether or not a vacancy in a trusteeship exists or is
required to be filled, the court may appoint an additional trustee or
special fiduciary whenever the court considers the appointment
necessary for the administration of the trust."
Subsection (d) is added to clarify the procedure for appointing the successor trustee of a
charitable trust.
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SECTION 705. RESIGNATION OF TRUSTEE.
(a) A trustee may resign:
(1) upon at least 30 days’ notice to the qualified beneficiaries, the settlor, if
living, and all cotrustees; or
(2) with the approval of the court.
(b) In approving a resignation, the court may issue orders and impose conditions
reasonably necessary for the protection of the trust property.
(c) Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts
or omissions of the trustee is not discharged or affected by the trustee’s resignation.
Kansas Comment
Subsection (a)(1) is new.
Subsection (a)(2) conforms to Kansas law. See K.S.A. 58-2411 (upon petition of any trustee
of an express trust, court may accept trustee’s resignation and discharge him from the trust); K.S.A.
59-1709 (fiduciary may resign his trust at any time, but fiduciary’s resignation shall not be effective
until court has examined and allowed his final account and made an order accepting such
resignation).
Subsection (b) conforms to Kansas law. See K.S.A. 58-2411 (court may accept trustee’s
resignation and discharge him or her upon such terms as the rights of the persons interested in the
execution of the trust may require).
Subsection (c) conforms to Kansas law. See K.S.A. 59-1710 (acceptance of the resignation
of a fiduciary and the appointment of another shall not affect the liability of such former fiduciary,
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