uniform trust code - Kansas Judicial Branch

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Paragraph (18) is new.
Paragraph (19) is codified in K.S.A. 58-1203(c)(7).
Paragraph (20) is new.
Paragraph (21) is consistent with Kansas law. K.S.A. 58-1203(c)(22) allows trustee, without
liability, to make payment to beneficiary or for the use of the beneficiary to either a legal
representative appointed by the court, or if none, to a relative.
In paragraph (21)(B), the Kansas drafting committee changed the UTC as follows: “(B)
paying it to the beneficiary’s custodian under [the Uniform Transfers to Minors Act] or custodial
trustee under [the Uniform Custodial Trust Act], and, for that purpose, creating a custodianship or
custodial trust, attorney-in-fact, custodial trustee or other person with legal authority to receive such
funds for the benefit of the beneficiary.”
Paragraph (22) is codified in K.S.A. 58-1203(c)(23).
Paragraph (23) is new.
Paragraph (24) is codified in K.S.A. 58-1203(c)(25).
Paragraph (25) is codified in K.S.A. 58-1203(c)(26).
Paragraph (26) is new.
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UTC Comment
This section enumerates specific powers commonly included in trust instruments and in
trustee powers legislation. All the powers listed are subject to alteration in the terms of the trust.
See Section 105. The powers listed are also subsumed under the general authority granted in Section
815(a)(2) to exercise all powers over the trust property which an unmarried competent owner has
over individually owned property, and any other powers appropriate to achieve the proper
management, investment, and distribution of the trust property. The powers listed add little of
substance not already granted by Section 815 and powers conferred elsewhere in the Code, which
are listed in the Comment to Section 815. While the Committee drafting this Code discussed
dropping the list of specific powers, it concluded that the demand of third parties to see language
expressly authorizing specific transactions justified retention of a detailed list.
As provided in Section 815(b), the exercise of a power is subject to fiduciary duties except
as modified in the terms of the trust. The fact that the trustee has a power does not imply a duty that
the power must be exercised.
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