{"data":{"id":"us-ky/krs-386b.13-210","jurisdiction":"us-ky","citation":"KRS 386B.13-210","heading":"Saving provision -- Applicable rules.","body":"(1) If exercise of the decanting power would be effective under KRS 386B.13 -010 to\n386B.13-280 except that the second -trust instrument in part does not comply with\nthe provisions of KRS 386B.13 -010 to 386B.13 -280, the exercise of the power is\neffective and the  following rules shall apply with respect to the principal of the\nsecond trust attributable to the exercise of the power:\n(a) A provision in the second -trust instrument which is not permitted under KRS\n386B.13-010 to 386B.13 -280 is void to the extent neces sary to comply with\nKRS 386B.13-010 to 386B.13-280; and\n(b) A provision required by KRS 386B.13 -010 to 386B.13 -280 to be in the\nsecond-trust instrument which is not contained in the instrument is deemed to\nbe included in the instrument to the extent necess ary to comply with KRS\n386B.13-010 to 386B.13-280.\n(2) If a trustee or other fiduciary of a second trust determines that subsection (1) of this\nsection applies to a prior exercise of the decanting power, the fiduciary shall take\ncorrective action consistent with the fiduciary's duties.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57770","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:20Z","sha256":"62114798018528f4dba5496334a79ef831891c7b2e0a2c5271f315ac266f7acf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-386b.13-200","next":"us-ky/krs-386b.13-220"},"notice":"GroundRules: Original legal text. Not legal advice."}