uniform trust code - Kansas Judicial Branch

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Subsection (a), prior to its amendment, and subsections (c) through (e) are nearly identical
to parts of K.S.A. 58-24a09. The committee is of the opinion that the overlap does not create a
problem.
K.S.A. 58-24a09 (a)(3) requires notice of intention to begin delegating investment functions.
Section 109 is the Kansas Uniform Trust Code section relating to notice.
UTC Comment
This section permits trustees to delegate various aspects of trust administration to agents,
subject to the standards of the section. The language is derived from Section 9 of the Uniform
Prudent Investor Act. See also John H. Langbein, Reversing the Nondelegation Rule of Trust-
Investment Law, 59 Mo. L. Rev. 105 (1994) (discussing prior law).
This section encourages and protects the trustee in making delegations appropriate to the
facts and circumstances of the particular trust. Whether a particular function is delegable is based
on whether it is a function that a prudent trustee might delegate under similar circumstances. For
example, delegating some administrative and reporting duties might be prudent for a family trustee
but unnecessary for a corporate trustee.
This section applies only to delegation to agents, not to delegation to a cotrustee. For the
provision regulating delegation to a cotrustee, see Section 703(e).
18
19
20
21
22
23
24
25
26
27
SECTION 808. POWERS TO DIRECT.
(a) While a trust is revocable, the trustee may follow a direction of the settlor that
is contrary to the terms of the trust.
(b) If the terms of a trust confer upon a person other than the settlor of a revocable
trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise
of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the
trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the
person holding the power owes to the beneficiaries of the trust.
(c) The terms of a trust may confer upon a trustee or other person a power to direct
the modification or termination of the trust.
146