{"data":{"id":"us-ky/krs-386b.13-130","jurisdiction":"us-ky","citation":"KRS 386B.13-130","heading":"Protection of charitable interest.","body":"(1) As used in this section:\n(a) \"Determinable charitable interest\" means a charitable interest that is a right to\na mandatory distribution currently, periodically, on the occurrence of a\nspecified event, or after the passage of a specified time and which is\nunconditional or will be held solely for charitable purposes; and\n(b) \"Unconditional\" means not subject to the occurrence of a specified event that\nis not certain to occur, other than a requirement in a trust instrument that a\ncharitable organization be in existence or qualify under a particular provision\nof the United States Internal Revenue Code of 1986, as amended, on the date\nof the distribution, if the charitable organization meets the requirement on the\ndate of determination.\n(2) If a first trust contains a determinable charitable  interest, the Attorney General has\nthe rights of a qualified beneficiary and may represent and bind the charitable\ninterest.\n(3) If a first trust contains a charitable interest, the second trust or trusts shall not:\n(a) Diminish the charitable interest;\n(b) Diminish the interest of an identified charitable organization that holds the\ncharitable interest;\n(c) Alter any charitable purpose stated in the first-trust instrument; or\n(d) Alter any condition or restriction related to the charitable interest.\n(4) If there are two (2) or more second trusts, the second trusts shall be treated as one\n(1) trust for purposes of determining whether the exercise of the decanting power\ndiminishes the charitable interest or diminishes the interest of an identified\ncharitable organization for purposes of subsection (3) of this section.\n(5) If a first trust contains a determinable charitable interest, the second trust or trusts\nthat include a charitable interest pursuant to subsection (3) of this section shall be\nadministered under the law of this Commonwealth unless:\n(a) The Attorney General, after having received notice under KRS 386B.13 -060,\nfails to object in a signed record delivered to the authorized fiduciary within\nthe notice period;\n(b) The Attorney General consents in a signed record to the second trust or trusts\nbeing administered under the law of another jurisdiction; or\n(c) The court approves the exercise of the decanting power.\n(6) KRS 386B.13 -010 to 386B.13 -280 do not limit the powers and duties of the\nAttorney General under the law of this Commonwealth other than the provisions of\nKRS 386B.13-010 to 386B.13-280.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57762","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:20Z","sha256":"1e5f7ddf15e4eaee427bb054486e080060d2da26881b58e3ae99a3450444d061","source_id":"us-ky","stale":false,"prev":"us-ky/krs-386b.13-120","next":"us-ky/krs-386b.13-140"},"notice":"GroundRules: Original legal text. Not legal advice."}