Wisconsin Statutes & Annotations
Chapter 700 - Interests in property.
700.05 - Classification of remainders.

700.05 Classification of remainders. Remainders are classified as:
(1) Indefeasibly vested, if the interest is created in favor of one or more ascertained persons in being and is certain to become a present interest at some time in the future;
(2) Vested subject to open, if the interest is created in favor of a class of persons, one or more of whom are ascertained and in being, and if the interest is certain to become a present interest at some time in the future, but the share of the ascertained remaindermen is subject to diminution by reason of other persons becoming entitled to share as members of the class;
(3) Vested subject to complete defeasance, if the interest is created in favor of one or more ascertained persons in being and would become a present interest on the expiration of the preceding interests but may end or may be completely defeated as provided by the transferor at, before or after the expiration of the preceding interests;
(4) Subject to a condition precedent, if the interest is created in favor of one or more unborn or unascertained persons or in favor of one or more presently ascertainable persons upon the occurrence of an uncertain event.
History: 1971 c. 66.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 700 - Interests in property.

700.01 - Definitions.

700.02 - Classification of interests in property as to duration.

700.03 - Classification of present and future interests.

700.04 - Classification of future interests.

700.05 - Classification of remainders.

700.06 - Interest for life of another; succession.

700.07 - Transferability of future interests.

700.08 - Estate tail becomes fee simple; effect of gift over after attempted estate tail.

700.09 - Interest contingent on death without issue.

700.10 - Remainder to heirs of owner of life interest; abolition of rule in Shelley's case.

700.11 - Interests in “heirs" and the like.

700.12 - After-born persons included in class gift.

700.13 - Remainders presumed not to shorten prior interest; acceleration of remainders.

700.14 - Indestructibility of contingent future interests.

700.15 - Nominal conditions not enforced.

700.16 - Perpetuities and suspension of power of alienation.

700.17 - Classification and characteristics of certain concurrent interests.

700.18 - Determination of cotenancy generally.

700.19 - Creation of joint tenancy.

700.20 - Extent of undivided interests in tenancy in common.

700.21 - Covendors in contracts to transfer.

700.215 - Exception for equitable rights of cotenants and 3rd persons.

700.22 - Exception for bank deposits, checks, government bonds and vehicles.

700.23 - Liability among cotenants for rents and profits.

700.24 - Death of a joint tenant; effect of liens.

700.25 - Applicability of chapter.

700.26 - Applicability of general transfers at death provisions.

700.27 - Disclaimer of transfers during life.

700.28 - Prohibiting unreasonable restrictions on alienation of property.

700.35 - Renewable energy resource easements.

700.40 - Uniform conservation easement act.

700.41 - Solar and wind access.