uniform trust code - Kansas Judicial Branch

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(b) Notice otherwise required under this [Code] or a document otherwise required to be sent
under this [Code] need not be provided to a person whose identity or location is unknown to and not
reasonably ascertainable by the trustee.
(c) Notice under this [Code] or the sending of a document under this [Code] may be waived
by the person to be notified or sent the document.
(d) Notice of a judicial proceeding must be given as provided in the applicable rules code
of civil procedure.
Kansas Comment
This section is new.
In subsection (d), the Kansas drafting committee changed the UTC by striking “applicable
rules” and inserting in lieu thereof the word “code.”
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UTC Comment
Subsection (a) clarifies that notices under the Uniform Trust Code may be given by any
method likely to result in its receipt by the person to be notified. The specific methods listed in the
subsection are illustrative, not exhaustive. Subsection (b) relieves a trustee of responsibility for what
would otherwise be an impossible task, the giving of notice to a person whose identity or location
is unknown and not reasonably ascertainable by the trustee. The section does not define when a
notice is deemed to have been sent or delivered or person deemed to be unknown or not reasonably
ascertainable, the drafters preferring to leave this issue to the enacting jurisdiction’s rules of civil
procedure.
Under the Uniform Trust Code, certain actions can be taken upon unanimous consent of the
beneficiaries or qualified beneficiaries. See Sections 411 (termination of noncharitable irrevocable
trust) and 704 (appointment of successor trustee). Subsection (b) of this section only authorizes
waiver of notice. A consent required from a beneficiary in order to achieve unanimity is not waived
because the beneficiary is missing. But the fact a beneficiary cannot be located may be a sufficient
basis for a substitute consent to be given by another person on the beneficiary’s behalf under the
representation principles of Article 3.
To facilitate administration, subsection (c) allows waiver of notice by the person to be
notified or sent the document. Among the notices and documents to which this subsection can be
applied are notice of a proposed transfer of principal place of administration (Section 108(d)) or of
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