Kansas § 58-5122 - Saving provision; corrective action
Full text of Kansas Kansas Statutes Annotated § 58-5122 — Saving provision; corrective action, with citation guidance and answers to common questions.
§ 58-5122. Saving provision; corrective action
58-5122. Saving provision; corrective action. (a) If exercise of the decanting power would be effective under the uniform trust decanting act except that the second-trust instrument in part does not comply with the act, the exercise of the power is effective and the following rules apply with respect to the principal of the second trust attributable to the exercise of the power:(1) A provision in the second-trust instrument that is not permitted under the act is void to the extent necessary to comply with this act.(2) A provision required by the act to be in the second-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with the act.(b) If a trustee or other fiduciary of a second trust determines that subsection (a) applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.History: L. 2023, ch. 48, § 22; July 1.
Frequently Asked Questions About Kansas § 58-5122
What does Kansas Statutes Annotated § 58-5122 cover?
Section 58-5122 ("Saving provision; corrective action") is part of the Kansas Statutes Annotated, the codified statutory law of Kansas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Kansas § 58-5122?
A common citation format is "Kansas Statutes Annotated § 58-5122" (Kansas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Kansas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Kansas official source linked on this page or consult a licensed Kansas attorney.
How does Kansas § 58-5122 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Kansas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Kansas.