Current through 2024 Ky. Acts ch. 225
Section 390.120 - Intent to exercise - Determining intent from residuary clause(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 powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:(a) The terms of the instrument containing the residuary clause do not manifest a contrary intent;(b) The power is a general power exercisable in favor of the powerholder's estate;(c) There is no gift-in-default clause or it is ineffective; and(d) The powerholder did not release the power.Added by 2020 Ky. Acts ch. 41,§ 11, eff. 7/14/2020.