uniform trust code - Kansas Judicial Branch
uniform trust code - Kansas Judicial Branch
uniform trust code - Kansas Judicial Branch
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a <strong>trust</strong>ee’s report (Section 813(c)). This subsection also applies to notice to qualified beneficiaries<br />
of a proposed <strong>trust</strong> combination or division (Section 417), of a temporary assumption of duties<br />
without accepting <strong>trust</strong>eeship (Section 701(c)(1)), and of a <strong>trust</strong>ee’s resignation (Section 705(a)(1)).<br />
Notices under the Uniform Trust Code are nonjudicial. Pursuant to subsection (d), notice<br />
of a judicial proceeding must be given as provided in the applicable rules of civil procedure.<br />
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SECTION 110. OTHERS TREATED AS QUALIFIED BENEFICIARIES.<br />
(a) Whenever notice to qualified beneficiaries of a <strong>trust</strong> is required under this [Code] , the<br />
<strong>trust</strong>ee must also give notice to any other beneficiary who has sent the <strong>trust</strong>ee a request for notice.<br />
(b) A charitable organization expressly mandated to receive distributions under the terms<br />
of a charitable <strong>trust</strong> or a person appointed to enforce a <strong>trust</strong> created for the care of an animal or<br />
another noncharitable purpose as provided in Section 408 or 409 has the rights of a qualified<br />
beneficiary under this [Code].<br />
(c) The [attorney general of this State] has the rights of a qualified beneficiary with respect<br />
to a charitable <strong>trust</strong> having its principal place of administration in this State.<br />
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<strong>Kansas</strong> Comment<br />
Subsections (a) and (b) are new.<br />
In subsection (b), the <strong>Kansas</strong> drafting committee changed the UTC by striking the word<br />
“charitable” where it appeared before the first reference to the word “<strong>trust</strong>.”<br />
Subsection (c) is consistent with <strong>Kansas</strong> law. See K.S.A. 59-22a01 (attorney general may<br />
initiate proceeding to determine charitable intent when charitable <strong>trust</strong> becomes illegal, impossible<br />
or impractical; if such action is brought by another party, attorney general shall be given notice and<br />
an opportunity to be heard).<br />
UTC Comment<br />
Under the Uniform Trust Code, certain notices need be given only to the “qualified”<br />
beneficiaries. For the definition of “qualified beneficiary,” see Section 103(12). Among these<br />
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