uniform trust code - Kansas Judicial Branch

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Withdrawal of the trust property is not an event terminating a trust. The trust remains in
existence although the trustee has no duties to perform unless and until property is later contributed
to the trust.
Subsection (b) specifies the persons who have standing to seek court approval or disapproval
of proposed trust modifications, terminations, combinations, or divisions. An approval or
disapproval may be sought for an action that does not require court permission, including a petition
questioning the trustee’s distribution upon termination of a trust under $50,000 (Section 414), and
a petition to approve or disapprove a proposed trust division or consolidation (Section 417).
Subsection (b) makes the settlor an interested person with respect to a judicial proceeding brought
by the beneficiaries under Section 411 to terminate or modify a trust. Contrary to Restatement
(Second) of Trusts § 391 (1959), subsection (b) grants a settlor standing to petition the court under
Section 413 to apply cy pres to modify the settlor’s charitable trust.
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SECTION 411. MODIFICATION OR TERMINATION OF NONCHARITABLE
IRREVOCABLE TRUST BY CONSENT.
(a) A noncharitable irrevocable trust may be modified or terminated upon consent of the
settlor and all beneficiaries, even if the modification or termination is inconsistent with a material
purpose of the trust. A settlor’s power to consent to a trust’s termination may be exercised by an
agent under a power of attorney only to the extent expressly authorized by the power of attorney or
the terms of the trust; by the settlor’s [conservator] with the approval of the court supervising the
[conservatorship] if an agent is not so authorized; or by the settlor’s [guardian] with the approval
of the court supervising the [guardianship] if an agent is not so authorized and a conservator has not
been appointed.
(b) A noncharitable irrevocable trust may be terminated upon consent of all of the
beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any
material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of
all of the beneficiaries if the court concludes that modification is not inconsistent with a material
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