uniform trust code - Kansas Judicial Branch

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becomes unlawful, impracticable, impossible to achieve, or wasteful:
(1) the trust does not fail, in whole or in part;
(2) the trust property does not revert to the settlor or the settlor’s successors in
interest; and
(3) the court may apply cy pres to modify or terminate the trust by directing that the
trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s
charitable purposes.
(b) A provision in the terms of a charitable trust that would result in distribution of the trust
property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to
apply cy pres to modify or terminate the trust only if, when the provision takes effect:
(1) the trust property is to revert to the settlor and the settlor is still living; or
(2) fewer than 21 years have elapsed since the date of the trust’s creation.
If a charitable trust is or becomes illegal or impossible or impracticable of fulfillment or if
a devise or bequest for charity, at the time it was intended to become effective is illegal or
impossible or impracticable of fulfillment, and if the settlor, manifested a general intention to devote
the property to charity, any judge, on application of any trustee, any interested party or the attorney
general, may order an administration of the trust, as nearly as possible to fulfill the manifested
general charitable intention of the settlor. In every such proceeding, the attorney general, as
representative of the public interest, shall be notified and given an opportunity to be heard. The
provisions of this act shall not be applicable if the settlor has provided, either directly or indirectly,
for an alternative plan in the event the charitable trust is or becomes illegal or impossible or
impracticable of fulfillment. If the alternative plan is also a charitable trust, the intention shown in
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