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KRS 390.190

Capture doctrine -- Disposition of ineffectively appointed property under general power

Known as the Uniform Powers of Appointment Act

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

Effective: July 15, 2020 History: Created 2020 Ky

To the extent a powerholder of a general power of appointment, other than a power to revoke, amend, or withdraw property from a trust, makes an ineffective appointment:

(1) The gift-in-default clause controls the disposition of the ineffectively appointed property; or (2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:

(a) Passes to:

1. The powerholder if the powerholder is a permissible appointee and living; or 2. If the powerholder is an impermissible appointee or not living, the powerholder's estate if the estate is a permissible appointee; or (b) If there is no taker under paragraph (a) of this subsection, passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

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