2025 Wisconsin Statutes & Annotations
Chapter 702 - Uniform powers of appointment act.
702.302 - Intent to exercise: determining intent from residuary clause.

702.302 Intent to exercise: determining intent from residuary clause.

(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.

History: 2023 a. 127.