390.190 Capture doctrine -- Disposition of ineffectively appointed property under

128 words·~1 min read·/ky/390-190

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

general power. 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.