KRS 386B.13-210: Saving provision -- Applicable rules.

(1) If exercise of the decanting power would be effective under KRS 386B.13 -010 to

386B.13-280 except that the second -trust instrument in part does not comply with

the provisions of KRS 386B.13 -010 to 386B.13 -280, the exercise of the power is

effective and the following rules shall apply with respect to the principal of the

second trust attributable to the exercise of the power:

(a) A provision in the second -trust instrument which is not permitted under KRS

386B.13-010 to 386B.13 -280 is void to the extent neces sary to comply with

KRS 386B.13-010 to 386B.13-280; and

(b) A provision required by KRS 386B.13 -010 to 386B.13 -280 to be in the

second-trust instrument which is not contained in the instrument is deemed to

be included in the instrument to the extent necess ary to comply with KRS

386B.13-010 to 386B.13-280.

(2) If a trustee or other fiduciary of a second trust determines that subsection (1) of this

section applies to a prior exercise of the decanting power, the fiduciary shall take

corrective action consistent with the fiduciary's duties.