uniform trust code - Kansas Judicial Branch

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wind up the administration of the trust and distribute the remaining trust property.
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SECTION 817. DISTRIBUTION UPON TERMINATION.
(a) Upon termination or partial termination of a trust, the trustee may send to the
beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed
distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days
after the proposal was sent but only if the proposal informed the beneficiary of the right to object
and of the time allowed for objection.
(b) Upon the occurrence of an event terminating or partially terminating a trust, the
trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject
to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
(c) A release, upon termination or partial termination of a trust, by a beneficiary of
a trustee from liability for breach of trust is invalid to the extent:
(1) it was induced by improper conduct of the trustee; or
(2) the beneficiary, at the time of the release, did not know of the
beneficiary’s rights or of the material facts relating to the breach.
Kansas Comment
This section is new. The Kansas Supreme Court has held that a fiduciary cannot be
compelled to breach his trust merely because he is offered a binding release from liability for such
a breach. In re Murdock’s Estate, 220 Kan. 459, Syl. 7, 553 P.2d 876 (1976).
In subsection (c), the Kansas drafting committee changed the UTC by inserting the phrase,
“upon termination or partial termination of a trust.”
UTC Comment
This section contains several provisions governing distribution upon termination. Other
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