(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.

Terms Used In Kentucky Statutes 390.170

  • Appointee: means a person to whom a powerholder makes an appointment of appointive property. See Kentucky Statutes 390.020
  • Fraud: Intentional deception resulting in injury to another.
  • Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Kentucky Statutes 390.020
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See Kentucky Statutes 390.020

Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 41, sec. 16, effective July 15, 2020.