uniform trust code - Kansas Judicial Branch

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obtaining consents. Also, a nonjudicial settlement may include only terms and conditions a court
could properly approve.
The Uniform Trust Code does not prescribe the rules of construction to be applied to trusts
created under the Code. The Code instead recognizes that enacting jurisdictions are likely to take
a diversity of approaches, just as they have with respect to the rules of construction applicable to
wills. Section 112 accommodates this variation by providing that the State’s specific rules on
construction of wills, whatever they may be, also apply to the construction of trusts.
SECTION 101. SHORT TITLE. This [Act] may be cited as the Kansas Uniform Trust
Code.
Kansas Comment
This section is new.
SECTION 102. SCOPE. This [Code] applies to express trusts, charitable or noncharitable,
and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered
in the manner of an express trust.
Kansas Comment
This section is new.
UTC Comment
The Uniform Trust Code, while comprehensive, applies only to express trusts. Excluded
from the Code’s coverage are resulting and constructive trusts, which are not express trusts but
remedial devices imposed by law. For the requirements for creating an express trust and the
methods by which express trusts are created, see Sections 401-402. The Code does not attempt to
distinguish express trusts from other legal relationships with respect to property, such as agencies
and contracts for the benefit of third parties. For the distinctions, see Restatement (Third) of Trusts
§§ 2, 5 (Tentative Draft No. 1, approved 1996); Restatement (Second) of Trusts §§ 2, 5-16C (1959).
The Uniform Trust Code, while comprehensive, applies only to express trusts. Excluded
from the Code’s coverage are resulting and constructive trusts, which are not express trusts but
remedial devices imposed by law. For the requirements for creating an express trust and the
methods by which express trusts are created, see Sections 401-402. The Code does not attempt to
distinguish express trusts from other legal relationships with respect to property, such as agencies
and contracts for the benefit of third parties. For the distinctions, see Restatement (Third) of Trusts
§§ 2, 5 (Tentative Draft No. 1, approved 1996); Restatement (Second) of Trusts §§ 2, 5-16C (1959).
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