Kansas Living Trust Form (Revocable)

1. Competent: The grantor must have the capacity to establish a trust.
2. Intent: The grantor must indicate an intention to create a trust.
3. Sole Trustee Cannot be the Sole Beneficiary: The same person cannot be both the sole trustee and the sole beneficiary of the trust.
4. Definite Beneficiary: Unless it is a charitable trust or a trust for the care of an animal, the trust must have a definite beneficiary.
5. Trustee’s Duties: The trustee must have duties to perform.^[1]

Amending/Revoking – Unless the terms of the trust state explicitly that it is irrevocable, the grantor may amend or revoke the trust.^[2]

Bond Requirement – The trustee must put forward a bond to secure the performance of their duties, unless this requirement is waived by the terms of the trust.^[3]

Certification of Trust – Instead of providing a person who is not a beneficiary with a copy of the trust instrument, the trustee may provide a certification of trust that confirms the existence of the trust, the identities of the grantor and trustee, the powers of the trustee, and whether the trust is revocable.^[4]

Co-Trustees – If co-trustees are unable to reach a unanimous decision, they may instead act by majority decision.^[5]

Contesting a Trust – A person must commence a judicial proceeding contesting the validity of a trust within a year of the grantor’s death or within four months of having received notice from the trustee of the trust’s existence, whichever is earlier.^[6]

Costs Related to the Trust – In administering a trust, the trustee may only incur costs that are reasonable in relation to the purposes of the trust and its property.^[7]

Jurisdiction – A trust created in another jurisdiction is valid in Kansas as long as its creation was in compliance with the laws of that jurisdiction.^[8]

Oral Trusts – A valid oral trust may only be established by clear and convincing evidence.^[9]

Pet Trusts – A trust created to provide for the care of an animal or animals is valid, as long as the animal was living during the grantor’s lifetime. The trust terminates upon the death of the last surviving animal cared for by the trust.^[10]

Signing Requirements – A signature is not required by Kansas statute for a living trust to be valid.

Spendthrift Provision – For a spendthrift provision to be valid, the terms of the trust only need to state that the interest of a beneficiary is held subject to a “spendthrift trust” or use similar language.^[11]

Trustee’s Compensation – If the terms of the trust do not specify an amount for the trustee’s compensation, the trustee is otherwise entitled to reasonable compensation under the circumstances.^[12]

Trustee’s Duties – A trustee must prudently administer the trust in good faith, in the interest of the beneficiaries, and in accordance with its terms and purpose.^[13]

Trustee’s Powers – Among other specific powers set out in Kansas state law, a trustee has the power to acquire, sell, exchange, or alter the character of trust property in order to achieve the trust’s objectives.^[14]