Wisconsin Code § 702.302

Intent to exercise: determining intent from residuary clause
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(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.

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