Wisconsin Statutes 702.15 – Disposition when a special power of appointment is unexercised
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If the donee of a special power of appointment fails to exercise effectively the special power of appointment, the interests which might have been appointed under the special power of appointment pass in one of the following ways:
Terms Used In Wisconsin Statutes 702.15
- Creating instrument: means the will, trust agreement, or other document which creates or reserves the power of appointment. See Wisconsin Statutes 702.02
- Donee: means the person in whom the power of appointment is created or reserved. See Wisconsin Statutes 702.02
- Donee: The recipient of a gift.
- Donor: means the person who creates or reserves the power of appointment. See Wisconsin Statutes 702.02
- Donor: The person who makes a gift.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Power of appointment: means a power to appoint legal or equitable interests in real or personal property. See Wisconsin Statutes 702.02
- Special power of appointment: means a power of appointment that is not a general power of appointment. See Wisconsin Statutes 702.02
(1) If the creating instrument contains an express gift in default, then in accordance with the terms of such gift.
(2) If the creating instrument contains no express gift in default and does not clearly indicate that the permissible appointees are to take only if the donee exercises the special power of appointment, then to the permissible appointees equally, but if the special power of appointment is to appoint among a class such as “relatives,” “issue,” or “heirs,” then to those persons who would have taken had there been an express gift to the described class.
(3)
(a) Except as provided in par. (b), if the creating instrument contains no express gift in default and clearly indicates that the permissible appointees are to take only if the donee exercises the special power of appointment, then by reversion to the donor or the donor‘s estate.
(b) If the creating instrument expressly states that there is no reversion in the donor, then any language in the creating instrument indicating or stating that the permissible appointees are to take only if the donee exercises the special power of appointment is to be disregarded and the interests shall pass in accordance with sub. (2).