390.150 Permissible appointment.

159 words·~1 min read·/ky/chapter-390/390-150

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

(1)A powerholder of a general power of appointment that permits appointment to the

powerholder or the powerholder’s estate may make any appointment, including an

appointment in trust or creating a new power of appointment, that the powerholder

could make in disposing of the powerholder’s own property.

(2)A powerholder of a general power of appointment that permits appointment only to

the creditors of the powerholder or of the powerholder's estate is restricted to

appointing to those creditors.

(3)Unless the terms of the instrument creating a power of appointment manifest a

contrary intent, the powerholder of a nongeneral power may:

(a)Make an appointment in any form, including an appointment in trust, in favor

of a permissible appointee;

(b)Create a general power in a permissible appointee; or

(c)Create a nongeneral power in any permissible appointee to appoint to such

persons as the powerholder chooses, including persons who are not

permissible appointees of the original nongeneral power.