uniform trust code - Kansas Judicial Branch

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SECTION 1007. EVENT AFFECTING ADMINISTRATION OR DISTRIBUTION.
If the happening of an event, including marriage, divorce, performance of educational requirements,
or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable
care to ascertain the happening of the event is not liable for a loss resulting from the trustee’s lack
of knowledge.
Kansas Comment
This section modifies Kansas law. See Moore v. Adkins, 2 Kan. App. 2d 139, 151, 576 P.2d
245 (1978) (imposes absolute liability against trustee for misdelivery of trust property).
UTC Comment
This section, which is based on Washington Revised Code § 11.98.100, is designed to
encourage trustees to administer trusts expeditiously and without undue concern about liability for
failure to ascertain external facts, often of a personal nature, that might affect administration or
distribution of the trust. The common law, contrary to this section, imposed absolute liability
against a trustee for misdelivery regardless of the trustee’s level of care. See Restatement (Second)
of Trusts § 226 (1959). The events listed in this section are not exclusive. A trustee who has
exercised reasonable care to ascertain the occurrence of other events, such as the attainment by a
beneficiary of a certain age, is also protected from liability.
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SECTION 1008. EXCULPATION OF TRUSTEE.
(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable
to the extent that it:
(1) relieves the trustee of liability for breach of trust committed in bad faith
or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2) was inserted as the result of an abuse by the trustee of a fiduciary or
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