2025 Wisconsin Statutes & Annotations
Chapter 702 - Uniform powers of appointment act.
702.201 - Creation of power of appointment.

702.201 Creation of power of appointment.

(1) A power of appointment is created only if the instrument creating the power satisfies all of the following:

(a) The instrument is valid under applicable law.

(b) Except as provided in sub. (2), the instrument governs the disposition of the appointive property.

(c) The terms of the instrument manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(2) Subsection (1) (b) does not apply to a power of appointment that is created by the exercise of a power of appointment.

(3) A power of appointment may not be created in a deceased individual.

(4) A power of appointment may be created in an unborn or unascertained powerholder.

History: 2023 a. 127.

A warranty deed grants a present fee simple interest. A purported reservation of a power of appointment in a warranty deed is ineffective. Powers may be reserved and a lesser interest granted, but not by warranty deed. Lucareli v. Lucareli, 2000 WI App 133, 237 Wis. 2d 487, 614 N.W.2d 60, 99-1679.

NOTE: The above annotation relates to powers of appointment under former ch. 702, 1997 stats., prior to the repeal and recreation of this chapter by 2023 Wis. Act 127.