58a-703. Cotrustees. - Kansas Statutes

58a-703

Chapter 58a.--KANSAS UNIFORM TRUST CODE Article 7.--OFFICE OF TRUSTEE

      58a-703.   Cotrustees.(a) Cotrustees who are unable toreach a unanimous decision may act by majoritydecision.

      (b)   If a vacancy occurs in a cotrusteeship, the remaining cotrustees mayact for thetrust.

      (c)   A cotrustee must participate in the performance of a trustee'sfunction unless thecotrustee is unavailable to perform the function because of absence, illness,disqualification underother law, or other temporary incapacity or the cotrustee has properlydelegated the performance ofthe function to another trustee.

      (d)   If a cotrustee is unavailable to perform duties because of absence,illness,disqualification under other law, or other temporary incapacity, and promptaction is necessary toachieve the purposes of the trust or to avoid injury to the trust property, theremaining cotrustee ora majority of the remaining cotrustees may act for the trust.

      (e)   A trustee may not delegate to a cotrustee the performance of a functionthe settlorreasonably expected the trustees to perform jointly. Unless a delegation wasirrevocable, a trusteemay revoke a delegation previously made.

      (f)   Except as otherwise provided in subsection (g), a trustee who does notjoin in anaction of another trustee is not liable for the action.

      (g)   Each trustee shall exercise reasonable care to:

      (1)   Prevent a cotrustee from committing a breach of trust; and

      (2)   compel a cotrustee to redress a breach of trust.

      (h)   A dissenting trustee who joins in an action at the direction of themajority of thetrustees and who notified any cotrustee of the dissent, in writing, ator before the time ofthe action is not liablefor the action.

      History:   L. 2002, ch. 133, § 51; Jan. 1, 2003.