Capture doctrine -- Disposition of ineffectively appointed property under general power
KRS 390.190
in effect390.190. 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 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.
Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 41, sec. 18, effective July 15, 2020.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50127Fetched: 10/20/2026