KRS 391.160: Authority of life tenant to invade corpus.

(1) If

(a) A devise, bequest, or conveyance of real or personal property is made by

written instrument free of any trust; and

(b) By the express terms of the instrument or by rule of law the devise, bequest or

conveyance is made to a life tenant with power to consume principal or invade

corpus, with the remainder to another upon the death of the life tenant; and

(c) The instrument does not expressly state the purpose for or the extent to which

the life tenant may consume principal or invade corpus, then the provisio ns of

subsection (2) shall apply.

(2) The life tenant's power to consume principal or invade corpus shall be limited to

such consumption or invasion as shall be necessary for his health, education

(including college and professional education), and suppor t in his accustomed

manner of living.

(3) If

(a) A devise, bequest, or conveyance of real or personal property is made in trust

by written instrument; and

(b) By the express terms of the trust instrument or by rule of law the devise,

bequest or conveyance is made for the benefit of a tenant for life with power

in the trustee to consume principal or invade corpus for the benefit of the life

tenant, with remainder to another upon the death of the life tenant; and

(c) The instrument does not expressly stat e the purpose for or the extent to which

the trustee may consume principal or invade corpus for the benefit of the life

tenant, then the provisions of subsection (4) shall apply.

(4) The trustee's power to consume principal or invade corpus for the benefi t of the life

tenant shall be limited to such consumption or invasion as shall be necessary for his

health, education (including college and professional education), and support in his

accustomed manner of living.