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

Wisconsin Statutes

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

Wisconsin § 702.309

Ch. 702Uniform powers of appointment act

Subch.subch. III of ch. 702 SUBCHAPTER III

EXERCISE OF POWER OF APPOINTMENT

This text of Wisconsin § 702.309 (Capture doctrine: disposition of ineffectively appointed property under general power.) 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. § 702.309 (2026).

Text

702.309 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: 702.309(1) (1) The gift-in-default clause controls the disposition of the ineffectively appointed property. 702.309(2) (2) 702.309(2)(a) (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: 702.309(2)(a)1.

1.If the powerholder is a permissible appointee and living, the powerholder. 702.309(2)(a)2.

2.If the powerholder is an impermissible appointee or deceased, the powerholder’s estate if the estate is a permissible appointee. 702.309(2)(b) (b) If there is no taker under

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

702.309 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:
702.309(1) (1) The gift-in-default clause controls the disposition of the ineffectively appointed property.
702.309(2) (2)
702.309(2)(a) (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:
702.309(2)(a)1. 1. If the powerholder is a permissible appointee and living, the powerholder.
702.309(2)(a)2. 2. If the powerholder is an impermissible appointee or deceased, the powerholder’s estate if the estate is a permissible appointee.
702.309(2)(b) (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.