Kansas § 58-5005 Exclusions

Kansas Statutes

§ 58-5005 — Exclusions

Kansas § 58-5005

Ch. 58PERSONAL AND REAL PROPERTY

Art. 50KANSAS UNIFORM DIRECTED TRUST ACT

This text of Kansas § 58-5005 (Exclusions) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kan. Stat. Ann. § 58-5005 (2026).

Text

(a)In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.

(b)The Kansas uniform directed trust act does not apply to a:

(1)Power of appointment;

(2)power to appoint or remove a trustee or trust director;

(3)power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(4)power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(A)The beneficiary; or

(B)another beneficiary represented by the beneficiary under K.S.A. 58a-301 through 58a-305, and amendments thereto, with respect to the exercise or nonexercise of the power; or

(5)

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(a) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.
(b) The Kansas uniform directed trust act does not apply to a:
(1) Power of appointment;
(2) power to appoint or remove a trustee or trust director;
(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;
(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:
(A) The beneficiary; or
(B) another beneficiary represented by the beneficiary under K.S.A. 58a-301 through 58a-305, and amendments thereto, with respect to the exercise or nonexercise of the power; or
(5) power over a trust if:
(A) The terms of the trust provide that the power is held in a nonfiduciary capacity; and
(B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the internal revenue code of 1986, as in effect on July 1, 2022.
(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.