58a-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively. (a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
History: L. 2002, ch. 133, ยง 33; Jan. 1, 2003.
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.