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Wisconsin · Through 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 (published 9-4-26)

Wis. Stat. § 702.302: Intent to exercise: determining intent from residuary clause.

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Where this section sits in the code
  1. Chapter 702 Uniform Powers Of Appointment Act
  2. SUBCHAPTER III EXERCISE OF POWER OF APPOINTMENT

(1) In this section:

(a) “Residuary clause” does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.

(b) “Will” includes a codicil and a testamentary instrument that revises another will.

(2) A residuary clause in a powerholder’s will, or a comparable clause in the powerholder’s revocable trust, manifests the powerholder’s intent to exercise a power of appointment only if all of the following apply:

(a) The terms of the instrument containing the residuary clause do not manifest a contrary intent.

(b) The power of appointment is a general power of appointment exercisable in favor of the powerholder’s estate.

(c) There is no gift-in-default clause in the instrument creating the power of appointment or the gift-in-default clause in the instrument creating the power of appointment is ineffective.

(d) The powerholder did not release the power of appointment.

Collected 2026-09-05T12:01:34Z. Source file · JSON

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