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

Wis. Stat. § 702.309: Capture doctrine: disposition of ineffectively appointed property under general power.

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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

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

(1) The gift-in-default clause controls the disposition of the ineffectively appointed property.

(2)

(a) If there is no gift-in-default clause or to the extent the gift-in-default clause is ineffective, the ineffectively appointed property passes to one 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) If there is no taker under par. (a), the ineffectively appointed property passes under a reversionary interest to the donor or the donor’s transferee or successor in interest.

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

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