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

Kansas Statutes

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

Kansas·Ch. 58 PERSONAL AND REAL PROPERTY·Art. 51 UNIFORM TRUST DECANTING ACT

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.

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