KRS § 386.450 — KY Code / Title XXXIII / Chapter 386 / Section 386.450
386.450 Definitions for Kentucky Principal and Income Act, KRS 386.450 to 386.504
Status: in_force

386.450 Definitions for Kentucky Principal and Income Act, KRS 386.450 to

386.504.

As used in KRS 386.450 to 386.504:

(1) "Accounting period" means a calendar year unless another twelve (12) month period

is selected by a fiduciary. The term includes a portion of a calendar year or other

twelve (12) month period that begins when an income interest begins or ends when

an income interest ends;

(2) "Beneficiary" includes, in the case of a decedent's estate, an heir, legatee, and

devisee and, in the case of a trust, an income beneficiary and a remainder

beneficiary;

(3) "District Court approval" means the consent of the District Court having

jurisdiction over the fiduciary, with notice of the request for approval being given to

all current beneficiaries and all reasonably ascertainable remainder beneficiaries in

the oldest generation;

(4) "Fiduciary" means a personal representative or a trustee. The term includes an

executor, administrator, successor personal representative, and public administrator;

(5) "Income" means money or property that a fiduciary receives as current return from a

principal asset. The term includes a portion of receipts from a sale, exchange, or

liquidation of a principal asset, to the extent provided in Articles 4 and 5 of the

Kentucky Principal and Income Act;

(6) "Income beneficiary" means a person to whom net income of a trust is or may be

payable;

(7) "Income interest" means the right of an income beneficiary to receive all or part of

net income, whether the terms of the trust require it to be distributed or authorize it

to be distributed in the trustee's discretion;

(8) "Mandatory income interest" means the right of an income beneficiary to receive net

income that the terms of the trust require the fiduciary to distribute;

(9) "Net income" means the total receipts allocated to income during an accounting

period minus the disbursements made from income during the period, plus or minus

transfers under KRS 386.450 to 386.504 to or from income during the period;

(10) "Notice" means written notice of the time and place for a hearing on the request for

District Court approval that is placed postage prepaid in the United States mail at

least thirty (30) days prior to the hearing and addressed to the last known address of

the party to receive notice, and may be proved by an affidavit of the fiduciary or

fiduciary's counsel filed at the hearing stating the name and address to which notice

was mailed postage prepaid and the date of the mailing;

(11) "Principal" means property held in trust for distribution to a remainder beneficiary

when the trust terminates;

(12) "Remainder beneficiary" means a person entitled to receive principal when an

income interest ends;

(13) "Terms of a trust" means the manifestation of the intent of a settlor or decedent with

respect to the trust, expressed in a manner that admits of its proof in a judicial

proceeding, whether by written or spoken words or by conduct;

(14) "Trustee" includes an original, additional, or successor trustee, whether or not

appointed or confirmed by a court; and

(15) "Unitrust" means both a trust converted into a unitrust KRS 386.454 and a trust

initially established as a unitrust. Unless inconsistent with the terms of the trust or

will, KRS 386.454(2)(f), (g), (h), (i), and (m) apply to the unitrust initially so

established.