Public-domain · open source
OpenJurist

KRS 390.210

Disposition of unappointed property under released or unexercised nongeneral power

Known as the Uniform Powers of Appointment Act

The act spans §§ 390.010–390.380 (37 sections).

Effective: July 15, 2020 History: Created 2020 Ky

To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:

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

(a) Passes to the permissible appointees if:

1. The permissible appointees are defined and limited; and 2. The terms of the instrument creating the power do not manifest a contrary intent; 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.