Wisconsin § 702.301 Requisites for exercise of power of appointment.

Wisconsin Statutes

§ 702.301 — Requisites for exercise of power of appointment.

Wisconsin § 702.301

Ch. 702Uniform powers of appointment act

Subch.subch. III of ch. 702 SUBCHAPTER III

EXERCISE OF POWER OF APPOINTMENT

This text of Wisconsin § 702.301 (Requisites for exercise of power of appointment.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 702.301 (2026).

Text

702.301 702.301(1) (1) 702.301(1)(a) (a) A power of appointment is exercised only if all of the following apply: 702.301(1)(a)1. 1. The instrument exercising the power is valid under applicable law. 702.301(1)(a)2. 2. The terms of the instrument exercising the power do all of the following: 702.301(1)(b) (b) A power of appointment is exercised under par.

(a)only to the extent the appointment is a permissible exercise of the power. 702.301(2) (2) If the donor requires the consent of the donor or any other person for the exercise of a power of appointment, the consent must be expressed in the instrument exercising the power of appointment or in a separate written instrument, signed in either case by the persons whose consent is required. If any person whose consent is required dies or becom

Free access — add to your briefcase to read the full text and ask questions with AI

702.301
702.301(1) (1)
702.301(1)(a) (a) A power of appointment is exercised only if all of the following apply:
702.301(1)(a)1. 1. The instrument exercising the power is valid under applicable law.
702.301(1)(a)2. 2. The terms of the instrument exercising the power do all of the following:
702.301(1)(b) (b) A power of appointment is exercised under par. (a) only to the extent the appointment is a permissible exercise of the power.
702.301(2) (2) If the donor requires the consent of the donor or any other person for the exercise of a power of appointment, the consent must be expressed in the instrument exercising the power of appointment or in a separate written instrument, signed in either case by the persons whose consent is required. If any person whose consent is required dies or becomes legally incapable of consenting, the power of appointment may be exercised by the powerholder without the consent of that person unless the terms of the instrument creating the power of appointment manifest a contrary intent.
702.301(3) (3)
702.301(3)(a) (a) Except as provided in par. (b) and unless the terms of the instrument creating a power of appointment manifest a contrary intent, if a power of appointment is vested in 2 or more persons, the joint powerholders may only exercise the power of appointment unanimously.
702.301(3)(b) (b) If a power of appointment is vested in 2 or more persons and one or more of the joint powerholders die, become incapable of exercising the power of appointment, or renounce, release, or disclaim the power of appointment, the power of appointment may be exercised unanimously by the other powerholders.