390.190 Capture doctrine -- Disposition of ineffectively appointed property under 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 ineffecti ve 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. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 41, sec. 18, effective July 15, 2020.
Kentucky Legal Code