Title XXXIII, Administration of Trusts and Estates of Persons Under Disability

This chapter may be cited as the Uniform Powers of Appointment Act.

As used in this chapter: (1) "Appointee" means a person to whom a powerholder makes an appointment of appointive property; (2) "Appointive property" means the property or property interest subject to a power of appointment; (3) "Blanket-exercise clause" means a clause in an instr…

Unless the terms of the instrument creating a power of appointment manifest a contrary intent: (1) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time; and (2) The exercise, release, or disclaimer of the power, o…

The common law principles of equity supplement this chapter, except to the extent modified by this chapter or law of the Commonwealth other than this chapter.

(1) A power of appointment is created only if: (a) The instrument creating the power: 1. Is valid under applicable law; and 2. Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and (b) The terms of the instrument creating the power…

A powerholder may not transfer a power of appointment. If the powerholder dies without exercising or releasing the power, the power lapses.

Subject to KRS 390.090, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is: (1) Presently exercisable; (2) Exclusionary; and (3) Except as otherwise provided in KRS 390.080, general.

Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if: (1) The power is exercisable only at the powerholder's death; and (2) The permissible appointees of the power are a defined and limited class that does not i…

(1) As used in this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor …

A donor may revoke or amend a power of appointment only to the extent that: (1) The instrument creating the power is revocable by the donor; or (2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment.

A power of appointment is exercised only: (1) If the instrument exercising the power is valid under applicable law; (2) If the terms of the instrument exercising the power: (a) Manifest the powerholder's intent to exercise the power; and (b) Subject to KRS 390.150, satisfy the re…

(1) As used in this section: (a) "Residuary clause" does not include a residuary clause containing a blanket- exercise clause or a specific-exercise clause; and (b) "Will" includes a codicil and a testamentary instrument that revises another will. (2) A residuary clause in a powe…

Unless the terms of the instrument exercising a power of appointment manifest a contrary intent: (1) Except as otherwise provided in subsection (2) of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing …

A powerholder's substantial compliance with a formal requirement of an appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if: (1) The powerholder knows …

(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 powe…

(1) An appointment to a deceased appointee is ineffective. (2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descend…

(1) Except as provided in KRS 390.160, an exercise of a power of appointment in favor of an impermissible appointee is ineffective. (2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.…

If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned and appointive property shall be allocated in the permissible manner that best carries out the powerholder's intent.

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;…

general power. To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to revoke, amend, or withdraw property from a trust: (1) The gift-in-default clause controls the disposition of the unappointed property; or (2) If there is …

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 ext…

default. Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed prop…

If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is deemed not to have been exercised, and the appointee takes un…

A powerholder may revoke or amend an exercise of a power of appointment only to the extent that: (1) The powerholder reserves a power of revocation or amendment in the instrument exercising the power of appointment and, if the power is nongeneral, the terms of the instrument crea…

As provided in KRS 394.035 and 394.610 to 394.670: (1) A powerholder may disclaim all or part of a power of appointment; and (2) A permissible appointee, appointee, or taker in default of appointment may disclaim all or part of an interest in appointive property.

A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.

A powerholder of a releasable power of appointment may release the power in whole or in part: (1) By substantial compliance with a method provided in the terms of the instrument creating the power; or (2) If the terms of the instrument creating the power do not provide a method o…

A powerholder may revoke or amend a release of a power of appointment only to the extent that: (1) The instrument of release is revocable by the powerholder; or (2) The powerholder reserves a power of revocation or amendment in the instrument of release.

A powerholder of a presently exercisable power of appointment may contract: (1) Not to exercise the power; or (2) To exercise the power if the contract when made does not confer a benefit on an impermissible appointee.

A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder: (1) Is also the donor of the power; and (2) Has reserved the power in a revocable trust.

The remedy for a powerholder's breach of a contract to appoint or not to appoint is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.

(1) As used in this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer. (2) Appointive property subject to a general power of appointmen…

(1) Appointive property subject to a general power of appointment created by a person other than the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate. (2) A power of appointment created by a person other than the powerholder which…

(1) Except as otherwise provided in subsection (2) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate. (2) Appointive property subject to a nongeneral power of appoi…

In applying and construing the Uniform Powers of Appointment Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. secs. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the no…

(1) Except as otherwise provided in this chapter, on and after July 15, 2020: (a) This chapter applies to a power of appointment created before, on, or after July 15, 2020; (b) This chapter applies to a judicial proceeding concerning a power of appointment commenced on or after J…