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.

Terms Used In Kentucky Statutes 390.290

  • Appointee: means a person to whom a powerholder makes an appointment of appointive property. See Kentucky Statutes 390.020
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Powerholder: means a person in whom a donor creates a power of appointment. See Kentucky Statutes 390.020

Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 41, sec. 28, effective July 15, 2020.