Wisconsin Statutes
Wis. Stat. § 700.16 (2026)
Perpetuities and suspension of power of alienation
✓ current as of July 2026
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700.16(1)(a)(a) A future interest or trust is void if it suspends the power of alienation for longer than the permissible period. The permissible period is a life or lives in being plus a period of 30 years.
700.16(1)(b)(b) If the settlor of a living trust has an unlimited power to revoke, the permissible period is computed from termination of such power.
700.16(1)(c)(c) If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power of appointment is exercised if the power of appointment is a general power of appointment, as defined in s. 702.102 (7), even if the general power of appointment is exercisable only by will. In the case of other powers of appointment the permissible period is computed from the time the power of appointment is created but facts at the time the power of appointment is exercised are considered in determining whether the power of alienation is suspended beyond a life or lives in being at the time of creation of the power of appointment plus 30 years.
700.16(2)(2) The power of alienation is suspended when there are no persons in being who, alone or in combination with others, can convey an absolute fee in possession of land, or full ownership of personalty.
700.16(3)(3) There is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, or if there is an unlimited power to terminate in one or more persons in being.
700.16(4)(d)(d) Transfers, outright or in trust, to the state society of physicians and surgeons incorporated under the law of this state, when the transfer is for the advancement of medical science;
700.16(4)(f)(f) Employees’ trusts created as part of a plan or contract as described in s. 815.18 (3) (j).
700.16 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 777 (1975); 1983 a. 189 s. 329 (26); 1989 a. 278; 1995 a. 406; 2013 a. 92; 2023 a. 127.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1979–2022 · leading case: MS Real Est. Holdings, LLC v. Donald P. Fox Fam. Trust, 2015 WI 49 (Wis. 2015).
MS Real Est. Holdings, LLC v. Donald P. Fox Fam. Trust, 2015 WI 49 (Wis. 2015). “3; see also Wis. Stat. § 700.16 (2) (2014-15) ("The power of alienation is suspended when there are no persons in being who, alone or in combination with others, can convey an absolute fee in possession of land, or full ownership of personalty.”
Badger State Agri-Credit & Realty, Inc. v. Lubahn, 365 N.W.2d 616 (Wis. Ct. App. 1985). “1 Section 700.16, *726 Stats., permits restrictions on alienation of property within specified limits.”
Fohr v. Fohr, 2007 WI App 149 (Wis. Ct. App. 2007). “2d Perpetuities § 102 (2002). In Wisconsin, "[t]he power of alienation is suspended when there are no persons in being who, alone or in combination with others, can convey an absolute fee in possession of land .”
Est. of Murphy v. Comm'r, 71 T.C. 671 (Tax Ct. 1979). “*678 Respondent's position and reasoning are as follows: In Wisconsin the statutory rule against perpetuities is concerned with the suspension of the power of alienation.”
Samantha Mueller v. Lawrence Larson (Wis. Ct. App. 2022). “§ 700.16, we disagree.10 Section 700.16(1)(a) states that “[a] future interest or 9 The circuit court determined that the heirship ends with the death of “all the original grantees in the 1978 and 1979 deeds … or [when] their interests in the property have passed to their heirs…”
MS Real Est. Holdings, LLC v. Donald P. Fox Fam. Trust (Wis. 2015). “3; see also Wis. Stat. § 700.16 (2) (2014-15) ("The power of alienation is suspended when there are no persons in being who, alone or in combination with others, can convey an absolute fee in possession of land, or full ownership of personalty.”
James Schultz v. Seubert, Inc. (Wis. Ct. App. 2020). “¶18 Regarding the statute of frauds, Shiffler concedes the agreement violated WIS. STAT. § 706.02 because it was ambiguous as to the identity of the property subject to the option.”
— Wis. Stat. § 700.16(1) — 1 case
Badger State Agri-Credit & Realty, Inc. v. Lubahn, 365 N.W.2d 616 (Wis. Ct. App. 1985). “1 Section 700.16, *726 Stats., permits restrictions on alienation of property within specified limits.”
— Wis. Stat. § 700.16(1)(a) — 1 case
Samantha Mueller v. Lawrence Larson (Wis. Ct. App. 2022). “§ 700.16, we disagree.10 Section 700.16(1)(a) states that “[a] future interest or 9 The circuit court determined that the heirship ends with the death of “all the original grantees in the 1978 and 1979 deeds … or [when] their interests in the property have passed to their heirs…”
— Wis. Stat. § 700.16(2) — 1 case
Samantha Mueller v. Lawrence Larson (Wis. Ct. App. 2022). “§ 700.16, we disagree.10 Section 700.16(1)(a) states that “[a] future interest or 9 The circuit court determined that the heirship ends with the death of “all the original grantees in the 1978 and 1979 deeds … or [when] their interests in the property have passed to their heirs…”
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