58-5005. Exclusions.

246 words·~1 min read·/ks/chapter-58/58-5005

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.

(b)The Kansas uniform directed trust act does not apply to a:

(1)Power of appointment;

(2)power to appoint or remove a trustee or trust director;

(3)power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(4)power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(A)The beneficiary; or

(B)another beneficiary represented by the beneficiary under K.S.A. 58a-301 through 58a-305 , and amendments thereto, with respect to the exercise or nonexercise of the power; or

(5)power over a trust if:

(A)The terms of the trust provide that the power is held in a nonfiduciary capacity; and

(B)the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the internal revenue code of 1986, as in effect on July 1, 2022.

(c)Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.