Printable Format58a-601. Capacity of settlor of revocable trust. The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
History: L. 2002, ch. 133, ยง 45; January 1, 2003.
Law Review and Bar Journal References:
"Navigating the New Kansas Uniform Trust Code: Familiar and Unfamiliar Waters," Cheryl C. Boushka and Mark. W. Knackendoffel, 71 J.K.B.A. No. 10, 34 (2002).
"The Kansas Uniform Trust Code," David M. English, 51 K.L.R. 311 (2003).
"Taking the Trust Out of Trustee: The Kansas Supreme Court's Standard for Reasonable Reliance Means Investors Should Proceed Cautiously When Altering the Prudent Investor Rule [McGinley v. Bank of Am., 109 P.3d 1146 (Kan. 2005)]," Justin Whitney, 46 W.L.J. 245 (2006).
"Don't You Trust Me? An Examination of the Order and Burden of Proof in Trust Litigation," Derek S. Casey, 32 J.K.A.J., No. 4, 13 (2009).