Need detailed knowledge of no contest clauses in trusts. I have a pending lawsuit against the trustees of my family trust
for committing a number of torts
against me in Kansas that have nothing to do with the trust but they are hiding behind the protections of that trust and the "sole and absolute discretion" they have given themselves. They have also just sent me a notice that I've violated the no contest clause for filing this lawsuit in Kansas and am no longer a qualified beneficiary
. It is a Missouri trust and Missouri strictly enforces those clauses..
Section 58a-107 (Governing Law) of the Kansas Uniform Trust Code states:
The meaning and effect of the terms of a trust are determined by:
(1) The law of the jurisdiction designated in the terms unless the designation of that jurisdiction's law is contrary to the law of the jurisdiction having the most significant relationship to the matter at issue; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
Now Kansas definitely has the most significant relationship to the matter at issue but the trust designates Missouri jurisdiction. Kansas law is contrary to missouris when it comes to enforcing no contest provisions so is the argument here that Kansas law governs the clause and Missouri law governs those issues that are not contrary?