Kansas Statutes

Chapter 58a: Kansas Uniform Trust Code

Article 11: Miscellaneous Provisions

Statutes:

• 58a-1101: Uniformity of application and construction.
• 58a-1102: Electronic records and signatures.
• 58a-1103: Severability clause.
• 58a-1104, 58a-1105: Reserved.
• 58a-1106: Application to existing relationships.
• 58a-1107: Transfer by warranty deed of real property into inter vivos trust; effect of insurance coverage.

• 58a-1101: Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

        History:   L. 2002, ch. 133, § 89; Jan. 1, 2003.

• 58a-1102: Electronic records and signatures. The provisions of this code governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the electronic signatures in global and national commerce act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the electronic signatures in global and national commerce act.

        History:   L. 2002, ch. 133, § 90; Jan. 1, 2003.

• 58a-1103: Severability clause. If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.

        History:   L. 2002, ch. 133, § 91; Jan. 1, 2003.

• 58a-1104, 58a-1105: Reserved.
• 58a-1106: Application to existing relationships. (a) Except as otherwise provided in this act, on the effective date of this act:

        (1)   This act applies to all trusts created before, on, or after its effective date;

        (2)   this act applies to all judicial proceedings concerning trusts commenced on or after its effective date;

        (3)   this act applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this act does not apply and the superseded law applies;

        (4)   any rule of construction or presumption provided in this act applies to trust instruments executed before the effective date of the act unless there is a clear indication of a contrary intent in the terms of the trust; and

        (5)   an act done before the effective date of the act is not affected by this act.

        (b)   If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or superseded.

        History:   L. 2002, ch. 133, § 92; Jan. 1, 2003.

• 58a-1107: Transfer by warranty deed of real property into inter vivos trust; effect of insurance coverage. (a) The transfer by warranty deed of real property into an inter vivos trust shall not affect the coverage of any title insurance if the settlor of such trust is and remains a beneficiary of such trust during the settlor's lifetime.

        (b)   Upon the transfer taking effect: (1) The trustee shall be deemed to be insured; and

        (2)   the insurance coverage for such trust shall be subject to the defenses which the insurance company has under the policy against the original named insured.

        (c)   If the settlor is a beneficiary of such trust at the time of the transfer, the transfer of such property into such trust shall not: (1) Affect any homestead exemption or redemption rights; or

        (2)   cause a due on sale or similar clause to be effective under a mortgage or security interest.

        (d)   This section shall be a part of and supplemental to the Kansas uniform trust code.

        History:   L. 2004, ch. 158, § 15; July 1.