uniform trust code - Kansas Judicial Branch

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benefits. While preventing a trustee from distributing trust funds in discharge of a legal obligation
of support would keep the trust out of the trustee’s gross estate, such a restriction might result in loss
of the gift tax annual exclusion for contributions to the trust, even if the trustee were otherwise
granted unlimited discretion. See Rev. Rul. 69-345, 1969-1 C.B. 226.
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SECTION 815. GENERAL POWERS OF TRUSTEE.
(a) A trustee, without authorization by the court, may exercise:
(1) powers conferred by the terms of the trust; or
(2) except as limited by the terms of the trust:
(A) all powers over the trust property which an unmarried competent
owner has over individually owned property;
(B) any other powers appropriate to achieve the proper investment,
management, and distribution of the trust property; and
(C) any other powers conferred by this [Code].
(b) The exercise of a power is subject to the fiduciary duties prescribed by this
[article].
Kansas Comment
Subsection (a) generally conforms to Kansas law. See In re Estate of Sanders, 261 Kan. 176
Syl. 5, 929 P.2d 153 (1996) (specific provisions of trust required to be followed); K.S.A. 58-1202(a)
and 58-1203(a) (trustee has power to perform, without court authorization, every act which a prudent
man would perform unless limited in trust instrument).
Subsection (b) conforms to Kansas law. See K.S.A. 58-1203(b) (trustee has duty to act with due
regard to obligation as fiduciary in exercise of powers).
The Uniform Transfers to Minors Act contains a provision similar to U.T.C. 815(a)(2)(A).
See K.S.A. 38-1714(a).
UTC Comment
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