Wis. Stat. § 702.309: Capture doctrine: disposition of ineffectively appointed property under general power.
Where this section sits in the code
- Chapter 702 Uniform Powers Of Appointment Act
- 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