SB759,82,14 14(1) The instrument of release is revocable by the powerholder.
SB759,82,16 15(2) The powerholder reserves a power of revocation or amendment in the
16instrument of release.
SB759,82,19 17702.405 Power to contract: presently exercisable power of
18appointment.
A powerholder of a presently exercisable power of appointment may
19contract to do any of the following:
SB759,82,20 20(1) Not to exercise the power.
SB759,82,22 21(2) To exercise the power if the contract when made does not confer a benefit
22on an impermissible appointee.
SB759,83,2 23702.406 Power to contract: power of appointment not presently
24exercisable.
A powerholder of a power of appointment that is not presently

1exercisable may contract to exercise or not to exercise the power only if all of the
2following apply:
SB759,83,3 3(1) The powerholder is also the donor of the power.
SB759,83,4 4(2) The powerholder reserved the power in a revocable trust.
SB759,83,8 5702.407 Remedy for breach of contract to appoint or not to appoint.
6The remedy for a powerholder's breach of a contract to appoint or not to appoint
7appointive property is limited to damages payable out of the appointive property or,
8if appropriate, specific performance of the contract.
SB759,83,99 SUBCHAPTER V
SB759,83,1110 RIGHTS OF POWERHOLDER'S CREDITORS
11 IN APPOINTIVE PROPERTY
SB759,83,15 12702.501 Creditor claim: general power created by powerholder. (1) In
13this section, “power of appointment created by the powerholder” includes a power of
14appointment created in a transfer by another person to the extent the powerholder
15contributed value to the transfer.
SB759,83,19 16(2) Appointive property subject to a general power of appointment created by
17a powerholder is subject to a claim of a creditor of the powerholder or of the
18powerholder's estate to the extent provided in ch. 242 and any other applicable law
19relating to fraudulent conveyances.
SB759,83,24 20(3) Subject to sub. (2), appointive property subject to a general power of
21appointment created by a powerholder is not subject to a claim of a creditor of the
22powerholder or the powerholder's estate to the extent the powerholder irrevocably
23appointed the property in favor of a person other than the powerholder or the
24powerholder's estate.
SB759,84,5
1(4) Subject to subs. (2) and (3), and notwithstanding the presence of a
2spendthrift provision or whether the claim arose before or after the creation of the
3power of appointment, appointive property subject to a general power of
4appointment created by a powerholder is subject to a claim of a creditor of any of the
5following:
SB759,84,86 (a) If the power of appointment is a presently exercisable power of
7appointment, the powerholder, to the same extent as if the powerholder owned the
8appointive property.
SB759,84,119 (b) If the power of appointment is exercisable at the powerholder's death, the
10powerholder's estate, to the extent the estate is insufficient to satisfy the claim and
11subject to the right of a decedent to direct the source from which liabilities are paid.
SB759,84,15 12702.502 Creditor claim: general power not created by powerholder. (1)
13Except as otherwise provided in sub. (2), appointive property subject to a general
14power of appointment created by a person other than the powerholder is subject to
15a claim of a creditor of any of the following:
SB759,84,1816 (a) If the power of appointment is a presently exercisable power of
17appointment, the powerholder to the extent the powerholder's property is
18insufficient.
SB759,85,219 (b) If the power of appointment is exercisable at the powerholder's death, the
20powerholder's estate or revocable trust, subject to the right of a decedent to direct the
21source from which liabilities are paid, but only to the extent of the powerholder's
22exercise of that general power of appointment and only to the extent that the claim
23of the creditor has been filed and allowed in the powerholder's estate or filed with and
24approved by the trustee of a revocable trust but not paid because the assets of the
25estate or revocable trust are insufficient. For purposes of this paragraph, a revocable

1trust is a trust that is revocable, as defined in s. 701.0103 (22), by the powerholder
2or jointly by the powerholder and the powerholder's spouse.
SB759,85,7 3(2) Subject to s. 702.504 (3), a power of appointment created by a person other
4than the powerholder that is subject to an ascertainable standard relating to an
5individual's health, education, support, or maintenance within the meaning of 26
6USC 2041
(b) (1) (A) or 2514 (c) (1), is considered for purposes of this subchapter as
7a nongeneral power of appointment.
SB759,85,12 8(3) If during the powerholder's lifetime, the powerholder exercises a general
9power of appointment created by a person other than the powerholder, a creditor of
10the powerholder can reach the appointed interests to the same extent that under the
11law relating to fraudulent conveyances the creditor could reach property that the
12powerholder has owned and transferred during the powerholder's lifetime.
SB759,85,17 13702.503 Power to withdraw. (1) For purposes of this subchapter, and except
14as otherwise provided in sub. (2), a power to withdraw property from a trust is
15considered, during the time the power may be exercised, as a presently exercisable
16general power of appointment to the extent of the property subject to the power to
17withdraw.
SB759,85,21 18(2) On the lapse, release, or waiver of a power to withdraw property from a
19trust, the power is treated as a presently exercisable general power of appointment
20only to the extent the value of the property affected by the lapse, release, or waiver
21exceeds the greater of the following:
SB759,85,2322(a) The amount referenced in section 2041 (b) (2) or 2514 (e) of the Internal
23Revenue Code.
SB759,86,224(b) The amount referenced in section 2503 (b) of the Internal Revenue Code for
25each individual other than the beneficiary who makes a transfer to the trust or who

1is considered to make a transfer to the trust pursuant to an election to split gifts
2under section 2513 (a) of the Internal Revenue Code.
SB759,86,6 3702.504 Creditor claim: nongeneral power of appointment. (1) Except
4as otherwise provided in subs. (2) and (3), appointive property subject to a
5nongeneral power of appointment is exempt from a claim of a creditor of the
6powerholder or the powerholder's estate.
SB759,86,11 7(2) Appointive property subject to a nongeneral power of appointment is
8subject to a claim of a creditor of the powerholder or the powerholder's estate to the
9extent that the powerholder owned the property and, reserving the nongeneral
10power, transferred the property in violation of the law relating to fraudulent
11conveyances.
SB759,86,14 12(3) For purposes of this subchapter, if the initial gift in default of appointment
13is to the powerholder or the powerholder's estate, a nongeneral power of appointment
14is treated as a general power of appointment.
SB759,86,20 15702.505. Third parties in good faith protected. Any person acting without
16actual notice of claims of creditors under this subchapter incurs no liability to those
17creditors for transferring property that is subject to a power of appointment or that
18has been appointed. A purchaser without actual notice and for a valuable
19consideration takes an interest in property, legal or equitable, and takes the interest
20free of any rights that a powerholder's creditor may have under this subchapter.
SB759,86,2121 SUBCHAPTER VI
SB759,86,2222 MISCELLANEOUS PROVISIONS
SB759,86,25 23702.601 Recording instruments relating to a power of appointment. (1)
24Each of the following instruments relating to a power of appointment is entitled to
25be recorded as a conveyance upon compliance with s. 706.05 (1):
SB759,87,1
1(a) An instrument, other than a will, exercising a power of appointment.
SB759,87,22 (b) An instrument expressing consent to exercise a power of appointment.
SB759,87,33 (c) A disclaimer.
SB759,87,44 (d) A release.
SB759,87,6 5(2) If a power of appointment is exercised by a will, a certified copy of the will
6and of the certificate of probate thereof may be recorded.
SB759,87,9 7702.602 Uniformity of application and construction. In applying and
8construing this section, consideration shall be given to the need to promote
9uniformity of the law with respect to its subject matter among states that enact it.
SB759,87,13 10702.603 Relation to electronic signatures in global and national
11commerce act.
(1) Except as provided in sub. (2), this chapter modifies, limits, and
12supersedes the federal Electronic Signatures in Global and National Commerce Act,
1315 USC 7001, et seq.
SB759,87,15 14(2) This chapter does not modify, limit, or supersede 15 USC 7001 (c) or
15authorize electronic delivery of any of the notices described in 15 USC 7003 (b).
SB759,87,17 16702.604 Applicability. (1) (a) This chapter applies to a power of appointment
17created before, on, or after the effective date of this paragraph .... [LRB inserts date].
SB759,87,2018 (b) This chapter applies to a judicial proceeding concerning a power of
19appointment commenced on or after the effective date of this paragraph .... [LRB
20inserts date].
SB759,88,221 (c) This chapter applies to a judicial proceeding concerning a power of
22appointment commenced before the effective date of this paragraph .... [LRB inserts
23date], unless the court finds that application of a particular provision of this chapter
24would interfere substantially with the effective conduct of the judicial proceeding or

1prejudice a right of a party, in which case the particular provision of this chapter does
2not apply and the superseded law applies.
SB759,88,63 (d) A rule of construction or presumption in this chapter applies to an
4instrument executed before the effective date of this paragraph .... [LRB inserts
5date], unless there is a clear indication of a contrary intent in the terms of the
6instrument.
SB759,88,87 (e) Except as otherwise provided in pars. (a) to (d), this chapter does not apply
8to an action taken before the effective date of this paragraph .... [LRB inserts date].
SB759,88,12 9(2) If a right is acquired, extinguished, or barred on the expiration of a
10prescribed period that commenced under a law of this state other than this chapter
11before the effective date of this subsection .... [LRB inserts date], the law continues
12to apply to the right.
SB759,119 13Section 119. 711.03 (4m) of the statutes is created to read:
SB759,88,1614 711.03 (4m) “Consent instrument” means a written notarized document in
15physical or electronic form evidencing the user's consent to the disclosure of the
16contents of electronic communications to a then acting fiduciary.
SB759,120 17Section 120 . 711.04 (1) of the statutes is renumbered 711.04 (1) (intro.) and
18amended to read:
SB759,88,2419 711.04 (1) (intro.) A user may use an online tool to direct the custodian to
20disclose or not disclose to a designated recipient or not to disclose some or all of the
21user's digital property, including the content of electronic communications. If the
22online tool allows the user to modify or delete a direction at all times, a direction
23regarding disclosure using an online tool overrides a contrary direction by the user
24in a any of the following:
SB759,88,25 25(a) A will, trust, power of attorney, or any other governing instrument.
SB759,121
1Section 121. 711.04 (1) (b) of the statutes is created to read:
SB759,89,22 711.04 (1) (b) A power of attorney.
SB759,122 3Section 122. 711.04 (1) (c) of the statutes is created to read:
SB759,89,44 711.04 (1) (c) A consent instrument.
SB759,123 5Section 123 . 711.04 (1) (d) of the statutes is created to read:
SB759,89,66 711.04 (1) (d) Any other record.
SB759,124 7Section 124 . 711.04 (2) of the statutes is amended to read:
SB759,89,138 711.04 (2) If a user has not used an online tool to give direction under sub. (1),
9or if the custodian has not provided an online tool, the user may allow or prohibit
10disclosure to a fiduciary of some or all of the user's digital property, including the
11content of electronic communications sent or received by the user, in a will, trust, any
12other governing instrument,
power of attorney, or any other governing consent
13instrument.
SB759,125 14Section 125. 711.05 (2) (b) of the statutes is amended to read:
SB759,89,1815 711.05 (2) (b) Unless the user provided direction using an online tool, a copy
16of the user's will, certification of trust under s. 701.1013, or other governing
17instrument, or consent instrument evidencing the deceased user's consent to
18disclosure of the content of electronic communications.
SB759,126 19Section 126. 711.06 (2) (intro.) of the statutes is amended to read:
SB759,90,320 711.06 (2) Disclosure of content of electronic communications; principal.
21(intro.) To the extent a power of attorney expressly grants an agent authority over
22the content of electronic communications sent or received by the principal, or to the
23extent a consent instrument expressly consents to the disclosure to the agent the
24content of electronic communications sent or received by the principal,
and unless
25directed otherwise by the principal or the court, a custodian shall grant an agent

1authority over the content of electronic communications or
disclose to the agent the
2content of electronic communications if the agent gives the custodian all of the
3following:
SB759,127 4Section 127. 711.06 (2) (b) of the statutes is amended to read:
SB759,90,85 711.06 (2) (b) An original or a copy of the power of attorney that expressly
6grants the agent authority over the content of electronic communications of the
7principal or the consent instrument that expressly grants consent to disclosure to the
8agent of the content of electronic communications of the principal
.
SB759,128 9Section 128. 711.07 (3) (b) of the statutes is amended to read:
SB759,90,1210 711.07 (3) (b) A consent instrument or certification of the trust under s.
11701.1013 that includes an original or successor user's consent to disclosure of the
12content of electronic communications to the trustee.
SB759,129 13Section 129 . 711.13 of the statutes is amended to read:
SB759,90,16 14711.13 Marital property classification of digital property. Chapter 766
15Section 766.625 governs the classification of digital property of a user who is married
16person.
SB759,130 17Section 130 . 766.01 (9) (a) of the statutes is amended to read:
SB759,90,2218 766.01 (9) (a) Except as provided in pars. (b) to (d) (f), property is “held" by a
19person only if a document of title to the property is registered, recorded, or filed in
20a public office in the name of the person or a writing that customarily operates as a
21document of title to the type of property is issued for the property in the person's
22name.
SB759,131 23Section 131 . 766.01 (9) (e) of the statutes is created to read:
SB759,91,3
1766.01 (9) (e) 1. An account, as defined in s. 711.03 (1), and the digital property
2in the account, including the content of an electronic communication, as defined in
3s. 711.03 (6), are “held” by a person who is the user, as defined in s. 711.03 (28).
SB759,91,74 2. The catalogue of electronic communications, as defined in s. 711.03 (4), or
5similar identifying information for digital property in an account, is “held” by a
6person who holds such digital property, including the content of such electronic
7communications, under subd. 1.
SB759,91,98 3. For purposes of subds. 1. and 2., “person” has the meaning given under s.
9711.03 (19).
SB759,132 10Section 132 . 766.01 (9) (f) of the statutes is created to read:
SB759,91,1311 766.01 (9) (f) A right or interest in digital property, not titled in the name of
12either spouse, that has been identified as having been originally created, purchased,
13or otherwise acquired by a spouse is “held” by that spouse.
SB759,133 14Section 133 . 766.31 (7) (b) of the statutes is amended to read:
SB759,91,1615 766.31 (7) (b) In Except as provided in s. 766.625 (2) (b) 1., in exchange for or
16with the proceeds of other individual property of the spouse.
SB759,134 17Section 134 . 766.31 (7) (g) of the statutes is created to read:
SB759,91,2118 766.31 (7) (g) By classification under s. 766.625 (2), designating an account and
19the digital property in an account, including the content of electronic
20communications, as defined in s. 711.03 (6), as the individual property of the holding
21spouse.
SB759,135 22Section 135 . 766.58 (7) (c) of the statutes is created to read:
SB759,91,2523 766.58 (7) (c) Unless the marital property agreement expressly provides
24otherwise, a marital property agreement that classifies digital property as marital
25property does not affect the operation of s. 766.625 (2).
SB759,136
1Section 136. 766.58 (13) (b) of the statutes is renumbered 766.58 (13) (b) 1. and
2amended to read:
SB759,92,83 766.58 (13) (b) 1. After the death of a spouse, if an estate administration
4proceeding is filed,
no action concerning a marital property agreement may be
5brought later than 6 months after the inventory is filed under s. 858.01. If an
6amended inventory is filed, the action may be brought within 6 months after the
7filing of the amended inventory if the action relates to information contained in the
8amended inventory that was not contained in a previous inventory.
SB759,137 9Section 137 . 766.58 (13) (b) 2. and 3. of the statutes are created to read:
SB759,92,1210 766.58 (13) (b) 2. After the death of a spouse, if no estate administration
11proceeding is filed, no action concerning a marital property agreement may be
12brought later than 8 months after the death of the spouse.
SB759,92,1613 3. If an action concerning a marital property agreement is barred under subd.
142. and an estate administration proceeding is thereafter commenced, any judgment
15in an action concerning a marital property agreement not barred under subd. 1. may
16be recovered only from the estate of the deceased spouse.
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