Trusts and Estates
Scope
Kansas Probate Code wills, intestacy, trusts under the Kansas Uniform Trust Code, and fiduciary administration.
Core rules
- A Kansas will must be in writing, signed by the testator, and attested by two competent witnesses under K.S.A. 59-606. Kansas generally does not validate a holographic will merely because it is handwritten; formalities matter.
- Intestate succession under K.S.A. 59-501 et seq. distributes to spouse and descendants according to statutory shares; omitted heirs and advancements can alter the result.
- A trust requires intent, property, beneficiary, and lawful purpose; the Kansas Uniform Trust Code, K.S.A. 58a-101 et seq., governs trustee duties, modification, and termination.
- Trustee duties include loyalty, impartiality, prudent administration, and accounting. Self-dealing is presumptively voidable.
- A will may be revoked by later writing or physical act; divorce can affect former-spouse provisions under Kansas law.
Worked example
T signs a will before two witnesses, leaving all to my spouse. T later divorces but does not revise the will. Kansas law may treat the former spouse as predeceased for will provisions, so the gift may pass under the residuary or intestacy. The formal will remains valid; the issue is revocation by operation of law.
Traps
Assuming handwritten wills are valid; forgetting witness requirements; ignoring revocation by divorce; and treating trustee loyalty as a mere best-efforts duty.