Statutory double damage provision for breach of trust not retroactive

After finding that the deceased trustee had misappropriated trust property, the trial court granted double damages under the Kansas Uniform Trust Code.

The appellate court held that applying the double damage provision to acts that had occurred before the January 1, 2003 effective date of the Act violated due process and directed the court on remand to determine which acts took place before and which after the enactment of the provision.

McCabe v. Duran, 180 P.3d 1098 (Kan. Ct. App. 2008).