uniform trust code - Kansas Judicial Branch

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SECTION 410. MODIFICATION OR TERMINATION OF TRUST; PROCEEDINGS
FOR APPROVAL OR DISAPPROVAL.
(a) In addition to the methods of termination prescribed by Sections 411 through 414, a trust
terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust
remains to be achieved, or the purposes of the trust have become unlawful, contrary to public policy,
or impossible to achieve.
(b) A proceeding to approve or disapprove a proposed modification or termination under
Sections 411 through 416, or trust combination or division under Section 417, may be commenced
by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or
termination under Section 411 may be commenced by the settlor. The settlor of a charitable trust
may maintain a proceeding to modify the trust under Section 413.
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Kansas Comment
Subsection (a) generally conforms to Kansas law. See K.S.A. 59-2295(b) (trustee has right
to terminate trust in accordance with provisions of trust instrument or the law); In re Estate of
Sanders, 261 Kan. 176, 929 P.2d 153 (1996) (trust terminates only when settlor revokes trust in
accordance with trust provisions).
Subsection (b) is new.
UTC Comment
Subsection (a) lists the grounds on which trusts typically terminate. For a similar
formulation, see Restatement (Third) of Trusts § 61 (Tentative Draft No. 3, 2001). Terminations
under subsection (a) may be in either in whole or in part. Other types of terminations, all of which
require action by a court, trustee, or beneficiaries, are covered in Sections 411-414, which also
address trust modification. Of these sections, all but Section 411 apply to charitable trusts and all
but Section 413 apply to noncharitable trusts.
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