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KRS 390.120

Intent to exercise -- Determining intent from residuary clause

Known as the Uniform Powers of Appointment Act

The act spans §§ 390–390 (37 sections).

Effective: July 15, 2020 History: Created 2020 Ky

(1) As used in this section:

(a) "Residuary clause" does not include a residuary clause containing a blanket- exercise clause or a specific-exercise clause; and (b) "Will" includes a codicil and a testamentary instrument that revises another will.

(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:

(a) The terms of the instrument containing the residuary clause do not manifest a contrary intent;

(b) The power is a general power exercisable in favor of the powerholder's estate;

(c) There is no gift-in-default clause or it is ineffective; and (d) The powerholder did not release the power.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.