uniform trust code - Kansas Judicial Branch

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Subsection (b)(2) conforms to Kansas law. See Jennings v. Murdock, 220 Kan. 182, 553
P.2d 846 (1976) (action to enjoin trustee from certain action based on alleged breach of trust).
Subsection (b)(3) conforms to Kansas law. See K.S.A. 59-2255 (court may surcharge trustee
for any loss caused by breach of trust); Jennings v. Murdock, 220 Kan. 182, 214, 553 P.2d 846
(1976) (surcharge is remedy designed to make trust estate whole upon breach of trust by trustee);
Goben v. Barry, 237 Kan. 822, 825, 828, 703 P.2d 1378 (1985) (equity will compel restitution upon
breach of fiduciary duty if circumstances require); Capitol Federal Sav. & Loan Ass’n v. Hohman,
9 Kan. App. 2d 217, 675 P.2d 384, aff’d 235 Kan. 815, 682 P.2d 1309 (1984) (trial court could have
awarded money damages for breach of trust if necessary to make victim whole).
Subsection (b)(4) conforms to Kansas Law. See K.S.A. 59-1609 (court has power to require
trustee to account).
Subsection (b)(5) conforms to Kansas law. See K.S.A. 60-1301 (court has power to appoint
a receiver if necessary to keep, preserve and manage property pending determination of any
proceeding in which such property may be affected by the final judgment); Seal v. Seal, 212 Kan.
55, 56, 510 P.2d 167 (1973) (court of equity has power to appoint receiver); Goben v. Barry, 237
Kan. 822, 825, 703 P.2d 1378 (1985) (trial court appointed receiver upon finding breach of fiduciary
duty).
Subsection (b)(6) is new.
Subsection (b)(7) conforms to Kansas law. See Jennings v. Murdock, 220 Kan. 182, Syl. 11,
12, 553 P.2d 846 (1976) (court may remove trustee when intervention is necessary to save trust
property); K.S.A. 59-1711 (court may remove trustee upon failure to perform duties).
Subsection (b)(8) conforms to Kansas law. See Bessman v. Bessman, 214 Kan. 510, 521,
520 P.2d 1210 (1974) (if trustee commits breach of trust, court may deny him all or part of his
compensation); K.S.A. 59-1711 (court may reduce or deny compensation to trustee when he fails
to perform duties).
Subsection (b)(9) conforms to Kansas law. See K.S.A. 58-2405 (any act of a trustee in
contravention of a trust shall be void); Kline v. Orebaugh, 214 Kan. 207, 519 P.2d 691 (1974) (upon
wrongful disposition of trust property, court may impose constructive trust or equitable lien as long
as product of trust property is held by trustee and can be traced).
Subsection (b)(10) conforms to Kansas law. See Kline, 214 Kan. at 211 (upon breach of
trust, court of equity may mold judgment to furnish relief suitable to circumstances of case).
UTC Comment
This section codifies the remedies available to rectify or to prevent a breach of trust for
violation of a duty owed to a beneficiary. The duties that a trust might breach include those
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