uniform trust code - Kansas Judicial Branch

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While it is always advisable for a settlor to reduce a trust to writing, the Uniform Trust Code
follows established law in recognizing oral trusts. Such trusts are viewed with caution, however.
The requirement of this section that an oral trust can be established only by clear and convincing
evidence is a higher standard than is in effect in many States. See Restatement (Third) of Trusts
§ 20 Reporter’s Notes (Tentative Draft No. 1, approved 1996).
Absent some specific statutory provision, such as a provision requiring that transfers of real
property be in writing, a trust need not be evidenced by a writing. States with statutes of frauds or
other provisions requiring that the creation of certain trusts must be evidenced by a writing may wish
specifically to cite such provisions.
For the Statute of Frauds generally, see Restatement (Second) of Trusts §§ 40-52 (1959).
For a description of what the writing must contain, assuming that a writing is required, see
Restatement (Third) of Trusts § 22 (Tentative Draft No. 1, approved 1996); Restatement (Second)
of Trusts § 46-49 (1959). For a discussion of when the writing must be signed, see Restatement
(Third) of Trusts § 23 (Tentative Draft No. 1, approved 1996); Restatement (Second) of Trusts
§ 41-42 (1959). For the law of oral trusts, see Restatement (Third) of Trusts § 20 (Tentative Draft
No. 1, approved 1996); Restatement (Second) of Trusts §§ 43-45 (1959).
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SECTION 408. TRUST FOR CARE OF ANIMAL.
(a) A trust may be created to provide for the care of an animal alive during the settlor’s
lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for
the care of more than one animal alive during the settlor’s lifetime, upon the death of the last
surviving animal.
(b) A trust authorized by this section may be enforced by a person appointed in the terms
of the trust or, if no person is so appointed, by a person appointed by the court. A person having an
interest in the welfare of the animal may request the court to appoint a person to enforce the trust
or to remove a person appointed.
(c) Property of a trust authorized by this section may be applied only to its intended use,
except to the extent the court determines that the value of the trust property exceeds the amount
required for the intended use. Except as otherwise provided in the terms of the trust, property not
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