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Kentucky Revised Statutes · § 390.210 — Disposition of unappointed property under released or unexercised nongeneral power

390.210. Disposition of unappointed property under released or unexercised nongeneral power

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.

Source notes

Effective: July 15, 2020

History and annotations

Created 2020 Ky. Acts ch. 41, sec. 20, effective July 15, 2020.

Official source for this version

Source captured 2026-09-25. Open the official source.

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