Court involvement in the exercise of decanting power
KRS 386B.13-080
in effect386B.13-080. Court involvement in the exercise of decanting power
(1) On application of an authorized fiduciary, a person entitled to notice under KRS 386B.13-060(3), a beneficiary, or with respect to a charitable interest, the Attorney General or other person that has standing to enforce the charitable interest, the court may:
(a) Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under KRS 386B.13-010 to 386B.13-280 and consistent with the fiduciary duties of the authorized fiduciary;
(b) Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under 386B.13-010 to 386B.13-280 and to exercise the decanting power;
(c) Approve an exercise of the decanting power;
(d) Determine that a proposed or attempted exercise of the decanting power is ineffective because: 1. After applying KRS 386B.13-210, the proposed or attempted exercise does not or did not comply with the provisions of 386B.13-010 to 386B.13-280; or 2. The proposed or attempted exercise would be or was an abuse of fiduciary's discretion or a breach of fiduciary duty;
(e) Determine the extent to which KRS 386B.13-210 applies to a prior exercise of the decanting power;
(f) Provide instructions to the trustee regarding the application of KRS 386B.13 - 210 to a prior exercise of the decanting power; or
(g) Order other relief to carry out the purposes of KRS 386B.13 -010 to 386B.13- 280.
(2) On application of an authorized fiduciary, the court may approve:
(a) An increase in the fiduciary's compensation under KRS 386B.13 -150; or
(b) A modification under KRS 386B.13-170 of a provision granting a person the right to remove or replace the fiduciary.
Effective: July 15, 2026
History: Created 2026 Ky. Acts ch. 134, sec. 94, effective July 15, 2026.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57757Fetched: 10/20/2026