Printable Format58a-416. Modification to achieve settlor's tax objectives. To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.
History: L. 2002, ch. 133, ยง 37; January 1, 2003.
Law Review and Bar Journal References:
"The Kansas Uniform Trust Code," David M. English, 51 K.L.R. 311 (2003).
CASE ANNOTATIONS
1. Action by executor to seek constructive trust on assets wrongfully transferred. Estate of Draper v. Bank of America, 288 Kan. 510, 205 P.3d 698 (2009).
2. Modification to achieve tax benefits cannot be validated when it would alter the dispositive provisions of the trust. In re Trust D of Darby, 290 Kan. 785, 234 P.3d 793 (2010).