KRS 386B.4-130: Cy pres.

(1) Except as otherwise provided in subsection (2) of this section, if a particular

charitable purpose becomes unlawful, impracticable, impossible to achieve, or

wasteful:

(a) The trust shall not fail, in whole or in part;

(b) The trust property shall not reve rt to the settlor or the settlor's successors in

interest; and

(c) The court may apply cy pres to modify or terminate the trust by directing that

the trust property be applied or distributed, in whole or in part, in a manner

consistent with the settlor's charitable purposes.

(2) A provision in the terms of a charitable trust that would result in distribution of the

trust property to a noncharitable beneficiary prevails over the power of the court

under subsection (1) of this section to apply cy pres to modi fy or terminate the trust

only if, when the provision takes effect:

(a) The trust property is to revert to the settlor and the settlor is still living; or

(b) Fewer than twenty -one (21) years have elapsed since the date of the trust's

creation.

(3) The Cir cuit Court shall have exclusive jurisdiction over actions to identify a

charitable beneficiary of a trust.