702.301(1)(a)2.2. The terms of the instrument exercising the power do all of the following: 702.301(1)(b)(b) A power of appointment is exercised under par. (a) only to the extent the appointment is a permissible exercise of the power. 702.301(2)(2) If the donor requires the consent of the donor or any other person for the exercise of a power of appointment, the consent must be expressed in the instrument exercising the power of appointment or in a separate written instrument, signed in either case by the persons whose consent is required. If any person whose consent is required dies or becomes legally incapable of consenting, the power of appointment may be exercised by the powerholder without the consent of that person unless the terms of the instrument creating the power of appointment manifest a contrary intent. 702.301(3)(a)(a) Except as provided in par. (b) and unless the terms of the instrument creating a power of appointment manifest a contrary intent, if a power of appointment is vested in 2 or more persons, the joint powerholders may only exercise the power of appointment unanimously. 702.301(3)(b)(b) If a power of appointment is vested in 2 or more persons and one or more of the joint powerholders die, become incapable of exercising the power of appointment, or renounce, release, or disclaim the power of appointment, the power of appointment may be exercised unanimously by the other powerholders. 702.301 HistoryHistory: 2023 a. 127. 702.302702.302 Intent to exercise: determining intent from residuary clause. 702.302(1)(a)(a) “Residuary clause” does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause. 702.302(1)(b)(b) “Will” includes a codicil and a testamentary instrument that revises another will. 702.302(2)(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: 702.302(2)(a)(a) The terms of the instrument containing the residuary clause do not manifest a contrary intent. 702.302(2)(b)(b) The power of appointment is a general power of appointment exercisable in favor of the powerholder’s estate. 702.302(2)(c)(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. 702.302(2)(d)(d) The powerholder did not release the power of appointment. 702.302 HistoryHistory: 2023 a. 127. 702.303702.303 Intent to exercise: after-acquired power. Unless the terms of the instrument exercising a power of appointment manifest a contrary intent, all of the following apply: 702.303(1)(1) Except as otherwise provided in sub. (2), a blanket-exercise clause extends to a power of appointment acquired by the powerholder after executing the instrument containing the clause. 702.303(2)(2) If the powerholder is also the donor of the power of appointment, a blanket-exercise clause does not extend to the power of appointment unless there is not a gift-in-default clause or the gift-in-default clause is ineffective. 702.303 HistoryHistory: 2023 a. 127. 702.304702.304 Substantial compliance with donor-imposed formal requirement. A powerholder’s substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if all of the following apply: 702.304(1)(1) The powerholder knows of and intends to exercise the power of appointment. 702.304(2)(2) The powerholder’s manner of attempted exercise of the power of appointment does not impair a material purpose of the donor in imposing the requirement. 702.304 HistoryHistory: 2023 a. 127. 702.305702.305 Permissible appointment. 702.305(1)(1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder’s estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder’s own property.