Kansas § 58-5118 Removal or replacement of authorized fiduciary; restrictions

Kansas Statutes

§ 58-5118 — Removal or replacement of authorized fiduciary; restrictions

Kansas § 58-5118

Ch. 58PERSONAL AND REAL PROPERTY

Art. 51UNIFORM TRUST DECANTING ACT

This text of Kansas § 58-5118 (Removal or replacement of authorized fiduciary; restrictions) 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. § 58-5118 (2026).

Text

An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless the:

(a)Person holding the power consents to the modification in a signed record and the modification applies only to the person;

(b)person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or

(c)court approves the modification and the modification grants a substantially similar power to another person.

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An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless the:
(a) Person holding the power consents to the modification in a signed record and the modification applies only to the person;
(b) person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(c) court approves the modification and the modification grants a substantially similar power to another person.