uniform trust code - Kansas Judicial Branch

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(3) 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
required for the intended use must may be distributed to the settlor, if then living, otherwise to the
settlor’s successors in interest.
Kansas Comment
This section is new. Trust funds established for the permanent care of cemetery plots are
addressed by K.S.A. 17-1302 et seq.
The Kansas drafting committee changed this section of the UTC in the last sentence by
striking the word “must” and inserting in lieu thereof the word “may.”
UTC Comment
This section authorizes two types of trusts without ascertainable beneficiaries; trusts for
general but noncharitable purposes, and trusts for a specific noncharitable purpose other than the
care of an animal, on which see Section 408. Examples of trusts for general noncharitable purposes
include a bequest of money to be distributed to such objects of benevolence as the trustee might
select. Unless such attempted disposition was interpreted as charitable, at common law the
disposition was honorary only and did not create a trust. Under this section, however, the
disposition is enforceable as a trust for a period of up to 21 years, although that number is placed
in brackets to indicate that States may wish to select a different time limit.
The most common example of a trust for a specific noncharitable purpose is a trust for the
care of a cemetery plot. The lead-in language to the section recognizes that some special purpose
trusts, particularly those for care of cemetery plots, are subject to other statutes. Such legislation
will typically endeavor to facilitate perpetual care as opposed to care limited to 21 years as under
this section.
For the requirement that a trust, particularly the type of trust authorized by this section, must
have a purpose that is not capricious, see Section 404 Comment. For examples of the types of trusts
authorized by this section, see Restatement (Third) of Trusts § 47 (Tentative Draft No. 2, approved
1999), and Restatement (Second) of Trusts § 62 cmt. w and § 124 (1959). The case law on
capricious purposes is collected in 2 Austin W. Scott & William F. Fratcher, The Law of Trusts
§ 124.7 (4th ed. 1987).
This section is similar to Section 408, although less detailed. Much of the Comment to
Section 408 also applies to this section.
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