Wis. Stat. § 702.310

Current through Acts 2023-2024, ch. 272
Section 702.310 - Disposition of unappointed property under released or unexercised general power

To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust, all of the following apply:

(1) The gift-in-default clause controls the disposition of the unappointed property.
(2)
(a) If there is no gift-in-default clause or to the extent the gift-in-default clause is ineffective, except as otherwise provided in par. (b), the unappointed property passes to any of the following:
1. If the powerholder is a permissible appointee and living, the powerholder.
2. If the powerholder is an impermissible appointee or deceased, the powerholder's estate if the estate is a permissible appointee.
(b) To the extent the powerholder released the power, or if there is no taker under par. (a), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.

Wis. Stat. § 702.310

Added by Acts 2023 ch, 127,s 118, eff. 3/23/2024.