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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Wisconsin Statutes Property (Ch. 700 to 710) § 702.302. Intent to exercise: determining intent from residuary clause - last updated January 01, 2025 | https://codes.findlaw.com/wi/property-ch-700-to-710/wi-st-702-302/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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