Wisconsin Statutes 700.08 – Estate tail becomes fee simple; effect of gift over after attempted estate tail
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 700.08
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
The use of language in an instrument appropriate to create a present or future interest in fee tail, such as to a named person “and the heirs of his body” or “and the heirs of her body” or “and his issue” or “and her issue”, creates a present or future interest in fee simple. If the same instrument attempts to create a future interest after the interest that is made a fee simple by reason of this section, the future interest is valid.