Wis. Stat. § 702.311

Current through Acts 2023-2024, ch. 272
Section 702.311 - Disposition of unappointed property under released or unexercised nongeneral power of appointment

To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment, 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, the unappointed property passes to the permissible appointees if all of the following apply:
1. The permissible appointees are defined and limited.
2. The terms of the instrument creating the power do not manifest a contrary intent.
(b) 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. § 702.311

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