KRS 390.190: Capture doctrine -- Disposition of ineffectively appointed property under

general power.

To the extent a powerholder of a general power of appointment, other than a power to

revoke, amend, or withdraw property from a trust, makes an ineffective appointment:

(1) The gift -in-default clause controls the disposition of the ineffectively appointed

property; or

(2) If there is no gift -in-default clause or to the extent the clause is ineffective, the

ineffectively appointed property:

(a) Passes to:

1. The powerholder if the powerholder is a permissible appointee and

living; or

2. If the powerholder is an impermissible appointee or not living, the

powerholder's estate if the estate is a permissible appointee; or

(b) If there is no taker under paragraph (a) of this subsection, passes under a

reversionary interest to the donor or the donor's transferee or successor in

interest.