Wisconsin § 702.309 - Capture doctrine: disposition of ineffectively appointed property under general power.
Full text of Wisconsin Wisconsin Statutes § 702.309 — Capture doctrine: disposition of ineffectively appointed property under general power., with citation guidance and answers to common questions.
§ 702.309. Capture doctrine: disposition of ineffectively appointed property under general power.
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. 702.309 History History: 2023 a. 127 .
Source: official Wisconsin text · Last verified 2026-08-27
Frequently Asked Questions About Wisconsin § 702.309
What does Wisconsin Statutes § 702.309 cover?
Section 702.309 ("Capture doctrine: disposition of ineffectively appointed property under general power.") is part of the Wisconsin Statutes, the codified statutory law of Wisconsin. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Wisconsin § 702.309?
A common citation format is "Wisconsin Statutes § 702.309" (Wisconsin). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Wisconsin law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Wisconsin official source linked on this page or consult a licensed Wisconsin attorney.
How does Wisconsin § 702.309 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Wisconsin can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Wisconsin.