58a-406. Creation of trust induced by fraud, duress, or undue influence. (a) A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
(b) Any provision in a trust, written or prepared for another person, that transfers property and that gives the writer or preparer or the writer or preparer's parent, children, issue, sibling or spouse any direct or indirect benefit is invalid unless: (1) The writer or preparer is related to the settlor by blood, marriage or adoption and the benefit is not more than the writer or preparer or the writer or preparer's parent, children, issue, sibling or spouse would receive under the laws of intestate succession, if the transfer or benefit passed in that manner; or (2) it affirmatively appears that the settlor had read or knew the contents of the trust and had independent legal advice with reference thereto. The words "children" and "issue" as used in this section, are defined in K.S.A. 59-501, and amendments thereto.
History: L. 2002, ch. 133, § 27; L. 2004, ch. 158, § 5; July 1.
Structure Kansas Statutes
Chapter 58a - Kansas Uniform Trust Code
Article 4 - Creation, Validity, Modification, And Termination Of Trust
58a-401 Methods of creating trust.
58a-402 Requirements for creation.
58a-403 Trusts created in other jurisdictions.
58a-405 Charitable purposes; enforcement.
58a-406 Creation of trust induced by fraud, duress, or undue influence.
58a-407 Evidence of oral trust.
58a-408 Trust for care of animal.
58a-409 Noncharitable trust without ascertainable beneficiary.
58a-410 Modification or termination of trust; proceedings for approval or disapproval.
58a-411 Modification or termination of noncharitable irrevocable trust by consent.
58a-414 Termination of uneconomic trust.
58a-415 Reformation to correct mistakes.
58a-416 Modification to achieve settlor's tax objectives.