{"data":{"id":"us-ks/k.s.a.-58a-402","jurisdiction":"us-ks","citation":"K.S.A. 58a-402","heading":"Requirements for creation.","body":"(a) A trust is created only if:\n(1) The settlor has capacity to create a trust;\n(2) the settlor indicates an intention to create the trust;\n(3) the trust has a definite beneficiary or is:\n(A) A charitable trust;\n(B) a trust for the care of an animal, as provided in K.S.A. 58a-408, and amendments thereto; or\n(C) a trust for a noncharitable purpose, as provided in K.S.A. 58a-409, and amendments thereto;\n(4) the trustee has duties to perform; and\n(5) the same person is not the sole trustee and sole beneficiary.\n(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.\n(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.","path":["Chapter 58a.—KANSAS UNIFORM TRUST CODE","Article 4.—CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch58a/058a_004_0002.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-10-15T06:57:34Z","sha256":"fdd9637ff97b3f2cff109cda860d6752ca5f2d26ca324261a05b56f65afd0956","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-58a-401","next":"us-ks/k.s.a.-58a-403"},"notice":"GroundRules: Original legal text. Not legal advice."}