Printable Format58a-1012. Protection of person dealing with trustee. (a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.
(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.
(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
History: L. 2002, ch. 133, ยง 87; 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).