854.07 Failed transfer and residue.
203 words·~1 min read·
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854.07 Failed transfer and residue.
(1)Except as provided in sub.
(4)and s. 854.06 , if an attempted transfer under a governing instrument fails, the attempted transfer becomes part of the residue of the governing instrument. This subsection does not apply if the attempted transfer is itself a residuary transfer.
(2)Except as provided in sub.
(4)and s. 854.06 , if the residue of a governing instrument is to be transferred to 2 or more persons, the share of a residuary transferee that fails passes to the other residuary transferees in proportion to the interest of each in the remaining part of the residue.
(3)If a governing instrument other than a will does not effectively dispose of an asset that is governed by the instrument, that asset shall be paid or distributed to the transferor’s probate estate.
(4)If the person who executed the governing instrument had an intent contrary to any provision in this section, then that provision is inapplicable to the transfer. Extrinsic evidence may be used to construe the intent.
854.07 Note NOTE: The preceding cases were decided prior to the adoption of 1997 Wis. Act 188 , which made extensive revisions to the Wisconsin Probate Code.