SB759,57 3Section 57 . 701.0303 (6) (d) of the statutes is amended to read:
SB759,20,84 701.0303 (6) (d) If neither parent is a beneficiary or settlor of the trust that is
5the subject of the representation, the parent who is related to the settlor, other than
6by reason of being married to the other parent, may represent and bind the minor
7child or unborn child, such child's minor and unborn issue, and the minor and unborn
8issue of a then deceased child
.
SB759,58 9Section 58 . 701.0303 (6) (e) of the statutes is created to read:
SB759,20,1210 701.0303 (6) (e) If an individual that is the subject of the representation is
11eligible to be represented by more than one ancestor under this subsection, the
12individual's nearest ancestor may represent and bind such individual.
SB759,59 13Section 59 . 701.0304 of the statutes is renumbered 701.0304 (1).
SB759,60 14Section 60 . 701.0304 (2) of the statutes is created to read:
SB759,20,1515 701.0304 (2) (a) In this subsection:
SB759,20,1916 1. “Contingent successor remainder beneficiary” means a beneficiary who
17would succeed to the interest of a presumptive remainder beneficiary if the
18presumptive remainder beneficiary and all of the current beneficiaries failed to take
19such interest.
SB759,20,2220 2. “More remote contingent successor remainder beneficiary” means any
21contingent successor remainder beneficiary whose interest arises only upon the
22failure of the interest of another contingent successor remainder beneficiary.
SB759,21,323 (b) A presumptive remainder beneficiary or a person authorized to represent
24the presumptive remainder beneficiary under sub. (1) may represent and bind a
25contingent successor remainder beneficiary or a more remote contingent successor

1remainder beneficiary for the same purposes, in the same circumstances, and to the
2same extent as an ascertainable beneficiary may represent and bind a minor or
3person who is incapacitated, unborn, or not reasonably ascertainable.
SB759,21,94 (c) If a presumptive remainder beneficiary does not represent a more remote
5contingent successor remainder beneficiary, a contingent successor remainder
6beneficiary may represent and bind a more remote contingent successor remainder
7beneficiary for the same purposes, in the same circumstances, and to the same extent
8as an ascertainable beneficiary may represent and bind a minor or person who is
9incapacitated, unborn, or not reasonably ascertainable.
SB759,21,1310 (d) A contingent successor remainder beneficiary or a more remote contingent
11successor remainder beneficiary may be represented under pars. (b) and (c) whether
12or not the contingent successor remainder beneficiary or more remote contingent
13successor remainder beneficiary lacks capacity.
SB759,21,1714 (e) Under pars. (b) and (c), the difference between a beneficiary's interest as a
15presumptive remainder beneficiary or contingent successor remainder beneficiary
16does not constitute a conflict of interest as to any more remote contingent successor
17remainder beneficiary.
SB759,61 18Section 61 . 701.0305 (1) of the statutes is renumbered 701.0305.
SB759,62 19Section 62 . 701.0305 (2) of the statutes is renumbered 701.0307 (1).
SB759,63 20Section 63 . 701.0305 (3) of the statutes is renumbered 701.0307 (2).
SB759,64 21Section 64 . 701.0306 of the statutes is created to read:
SB759,22,2 22701.0306 Designated representative. (1) If specifically nominated in the
23trust instrument, one or more persons may be designated to represent and bind a
24beneficiary and receive any notice, information, accounting, or report. The trust
25instrument may also authorize any one or more persons to designate one or more

1persons to represent and bind a beneficiary and receive any notice, information,
2accounting, or report.
SB759,22,4 3(2) Except as otherwise provided in this chapter, a person designated in sub.
4(1) may not represent and bind a beneficiary while that person is serving as trustee.
SB759,22,7 5(3) Except as otherwise provided in this chapter, a person designated in sub.
6(1) may not represent and bind another beneficiary if the person designated also is
7a beneficiary, unless one of the following applies:
SB759,22,88 (a) That person was named by the settlor.
SB759,22,99 (b) That person is one of the following:
SB759,22,1010 1. The beneficiary's spouse.
SB759,22,1111 2. A grandparent or descendant of a grandparent of the beneficiary.
SB759,22,1212 3. A grandparent or descendant of a grandparent of the beneficiary's spouse.
SB759,65 13Section 65 . 701.0307 (title) of the statutes is created to read:
SB759,22,14 14701.0307 (title) Role of a representative or guardian ad litem.
SB759,66 15Section 66 . 701.0308 of the statutes is created to read:
SB759,22,19 16701.0308 Liability of representative. No representative or guardian ad
17litem is liable to the beneficiary whose interests are represented, or to anyone
18claiming through that beneficiary, for any actions or omissions to act made in good
19faith.
SB759,67 20Section 67 . 701.0401 (5m) of the statutes is created to read:
SB759,22,2521 701.0401 (5m) A declaration of an intent to create a trust with the intention
22that the trust will later be funded by assets of the person who created the trust or
23by another person with legal authority to fund the trust. The person making the
24declaration is considered to have created the trust, regardless of whether the person
25funds the trust with the person's own assets.
SB759,68
1Section 68. 701.0402 (1) (e) of the statutes is amended to read:
SB759,23,32 701.0402 (1) (e) The same person is not the sole trustee and sole beneficiary,
3and there are no remainder beneficiaries other than the person's estate
.
SB759,69 4Section 69 . 701.0405 (1) of the statutes is repealed.
SB759,70 5Section 70 . 701.0408 of the statutes is amended to read:
SB759,23,10 6701.0408 Trust for care of animal. (1) A An animal trust may be created
7to provide for the care of an animal alive during the settlor's lifetime. The animal
8trust terminates upon the death of the animal or, if the animal trust was created to
9provide for the care of more than one animal alive during the settlor's lifetime, upon
10the death of the last surviving animal.
SB759,23,15 11(2) A An animal trust authorized by this section may be enforced by a person
12appointed in the terms of the trust or, if no person is so appointed, by a person
13appointed by the court
an animal protector. A person having an interest in the
14welfare of the animal may request the court to appoint a person to enforce the trust
15or to remove a person appointed under this subsection
an animal protector.
SB759,23,20 16(3) Property of a an animal trust authorized by this section may be applied
17only to its intended use, except to the extent the court determines that the value of
18the animal trust property exceeds the amount required for the intended use.
19Property not required for the intended use must be distributed to the settlor, if then
20living, otherwise to the settlor's successors in interest.
SB759,71 21Section 71 . 701.0410 (2) of the statutes is amended to read:
SB759,24,422 701.0410 (2) A proceeding to approve or disapprove a proposed modification or
23termination under ss. 701.0411 to 701.0416, or a proposed trust combination or
24division under s. 701.0417, may be commenced by a trustee or beneficiary, and a
25proceeding to approve or disapprove a proposed modification or termination under

1s. 701.0411 may be commenced by the settlor. The settlor of a charitable trust may
2maintain a proceeding to modify the trust under s. 701.0413. A Except as provided
3in s. 701.0411 (1m), a
trustee does not have standing to oppose a proposed
4modification or termination commenced under s. 701.0411 (1).
SB759,72 5Section 72 . 701.0410 (3) of the statutes is amended to read:
SB759,24,146 701.0410 (3) A trustee may not be compelled by a modification or termination
7under this section or under ss. 701.0411 to 701.0416 to make distributions to or for
8any beneficiary of a trust for an individual with a disability or to terminate the trust,
9during the lifetime of the individual with a disability. A court may modify the terms
10of a trust for that has an individual with a disability as a beneficiary with retroactive
11effect or reform the terms of such trust to achieve the settlor's objective or, if because
12of circumstances not anticipated by the settlor, to otherwise further the purposes of
13the trust so that it does not result in trust property being countable as resources or
14income of the individual with a disability for purposes of public assistance.
SB759,73 15Section 73 . 701.0411 (1) of the statutes is amended to read:
SB759,24,2316 701.0411 (1) A Except as provided in sub. (1m), a noncharitable irrevocable
17trust may be modified or terminated, with or without court approval, upon consent
18of the settlor and all beneficiaries, even if the modification or termination is
19inconsistent with a material purpose of the trust. A settlor's power to consent to a
20trust's modification or termination may be exercised by a representative under s.
21701.0303 only if the representative is specifically authorized to consent to a trust's
22modification or termination under a power of attorney, the terms of the trust, or by
23a court under a guardianship or conservatorship.
SB759,74 24Section 74 . 701.0411 (1m) of the statutes is created to read:
SB759,25,3
1701.0411 (1m) A trust described in 42 USC 1396p (d) (4) may be terminated
2or modified under sub. (1) only with consent of the trustee, and is not considered
3revocable because it lacks ascertainable remainder beneficiaries.
SB759,75 4Section 75 . 701.0411 (2) (intro.) of the statutes is created to read:
SB759,25,65 701.0411 (2) (intro.) With the approval of the court, any of the following may
6occur:
SB759,76 7Section 76 . 701.0411 (2) (a) of the statutes is amended to read:
SB759,25,108 701.0411 (2) (a) A noncharitable irrevocable trust may be terminated upon
9consent of all of the beneficiaries if the court concludes that continuance of the trust
10is not necessary to achieve any material purpose of the trust.
SB759,77 11Section 77 . 701.0411 (2) (b) of the statutes is amended to read:
SB759,25,1412 701.0411 (2) (b) A noncharitable irrevocable trust may be modified upon
13consent of all of the beneficiaries if the court concludes that modification is not
14inconsistent with a material purpose of the trust.
SB759,78 15Section 78. 701.0411 (7) of the statutes is amended to read:
SB759,25,2016 701.0411 (7) A party proposing to modify or terminate a trust under sub. (1)
17or, (2), or (6) shall give notice of the proposed modification or termination to the
18settlor, if living, the trustee, each trust protector, each directing party, and each
19beneficiary at least 30 days before the proposed effective date of the modification or
20termination.
SB759,79 21Section 79 . 701.0414 (4) of the statutes is amended to read:
SB759,25,2522 701.0414 (4) The court may modify or terminate a trust or remove the trustee
23and appoint a different trustee if it determines that the value of the trust property
24is insufficient to justify the cost of administration even if the trust property has a
25total value in excess of the amount described in sub. (2).
SB759,80
1Section 80. 701.0415 of the statutes is amended to read:
SB759,26,8 2701.0415 Reformation to correct mistakes. The court may reform the
3terms of a trust, even if unambiguous, to conform the terms to the settlor's intent
4intention if it is proved by clear and convincing evidence that both what the settlor's
5intent intention was and that the terms of the trust were affected by a mistake of fact
6or law, whether in expression or inducement. A party petitioning the court for action
7under this section shall give notice of the proceeding to the settlor, if living, the
8trustee, each trust protector, each directing party, and the qualified beneficiaries.
SB759,81 9Section 81 . 701.0416 of the statutes is amended to read:
SB759,26,16 10701.0416 Modification or termination to achieve settlor's tax
11objectives.
To achieve the settlor's tax objectives, the court may modify the terms
12of a trust or terminate a trust in a manner that is not contrary to the settlor's
13probable intent. The court may provide that the modification or termination has
14retroactive effect. A party petitioning the court for action under this section shall
15give notice of the proceeding to the settlor, if living, the trustee, each trust protector,
16each directing party, and the qualified beneficiaries.
SB759,82 17Section 82 . 701.0418 of the statutes is repealed.
SB759,83 18Section 83 . 701.0505 (1) (a) 2. of the statutes is amended to read:
SB759,27,419 701.0505 (1) (a) 2. With respect to an irrevocable trust that is not a trust for
20an individual with a disability, upon application of a judgment creditor of the settlor,
21the court may, if the trust instrument requires or authorizes the trustee to make
22payments of income or principal to or for the settlor, order the trustee to satisfy part
23or all of the judgment out of part or all of the payments of income or principal as they
24are due, presently or in the future, or which are payable in the trustee's discretion.
25A settlor's right to receive reimbursement for income taxation arising from grantor

1trust treatment of the trust pursuant to sections 671 to 679 of the Internal Revenue
2Code is not considered a right to income or principal for purposes of this section.
If
3a trust has more than one settlor, the amount the judgment creditor of a particular
4settlor may reach may not exceed the settlor's interest in the trust.
SB759,84 5Section 84 . 701.0505 (2) (e) 3. of the statutes is amended to read:
SB759,27,96 701.0505 (2) (e) 3. For purposes of this paragraph, notwithstanding s. 701.0103
7(3), “beneficiary" means a person who satisfies s. 701.0103 (3) (a) or (b) and who is
8designated in a trust instrument or through the exercise of a special nongeneral or
9general power of appointment.
SB759,85 10Section 85 . 701.0508 of the statutes is repealed and recreated to read:
SB759,27,17 11701.0508 Debts of deceased settlor. (1) Deadline on claims. A claimant
12must assert a claim for payment of a debt of a deceased settlor within the time for
13such claims under applicable law. For purposes of this section, a debt incurred by
14a trustee of a revocable trust before the death of a settlor of the revocable trust shall
15be treated in the same manner as a debt of the settlor. A trustee of a trust that was
16revocable at the settlor's death may shorten the time period and set a deadline for
17filing claims with the trustee by doing any of the following:
SB759,27,2418 (a) Publishing a legal notice as a class 3 notice under ch. 985 in the county in
19which the deceased settlor resided. The legal notice shall identify the name, address,
20and any other contact information of the trustee or other person with whom claims
21must be filed. The deadline for a claim by any claimant who is not known by the
22trustee shall be the earlier of the date that is 4 months after the date of the first
23insertion of the legal notice or, if sub. (6) is applicable, the deadline prescribed under
24s. 859.01.
SB759,28,7
1(b) Giving notice to a potential claimant. The notice shall include a copy of the
2legal notice, if published, and shall identify the name, address, and any other contact
3information of the trustee or other person with whom claims must be filed and shall
4state that any claim by the potential claimant must be filed not later than the date
5that is 30 days from the date notice is given to the potential claimant or the deadline
6specified in the legal notice. If a legal notice has not been published, the deadline
7shall be 4 months from the date the trustee provides notice to the potential claimant.
SB759,28,128 (c) Publishing a legal notice and not giving a separate notice to a potential
9claimant who is known to the trustee. The deadline for a claim when a legal notice
10has been published but notice is not given to a known potential claimant is the later
11of the date that is one year from the date of the settlor's death or the deadline
12specified in the legal notice.
SB759,28,19 13(2) Exceptions to deadlines on claims. A claim that is not filed on or before
14an applicable deadline specified under sub. (1) is not barred if the claim is a claim
15based on tort, a marital property agreement that is subject to the time limitations
16under s. 766.58 (13) (b) or (c), Wisconsin income, franchise, sales, withholding, gift,
17or death taxes, unemployment compensation contributions due or benefits overpaid,
18funeral or administrative expenses, a claim of this state under s. 46.27 (7g), 2017
19stats., or s. 49.496, 49.682, or 49.849, or a claim of the United States.
SB759,28,22 20(3) Filing of claims. (a) A claim is considered filed if the claimant provides
21notice of the claim to the trustee or other person with whom claims must be filed as
22prescribed under s. 701.0508 (1) (a) or (b).
SB759,28,2423 (b) A claim is considered filed if the deceased settlor is subject to a probate
24proceeding in this state and a claim is filed with the court under ch. 859.
SB759,29,5
1(c) If an action is pending against a deceased settlor at the time of the settlor's
2death and the action survives, the plaintiff in that action may serve a notice of
3substitution of party defendant on the trustee and file proof of service of notice in the
4court. Filing of proof of service on or before the deadline for filing a claim under sub.
5(1) gives the plaintiff the same rights against the trust as the filing of a claim.
SB759,29,9 6(4) Effect of statute of limitations. (a) A claim that was barred by a statute
7of limitations at the time of the deceased settlor's death is barred and the claimant
8may not pursue a claim against the trustee, the trust property, or recipients with
9respect to trust property.
SB759,29,1210 (b) A claim not barred by a statute of limitations at the time of the settlor's
11death shall not be barred thereafter by a statute of limitations if the claim is filed on
12or before the deadline for filing a claim under sub. (1).
SB759,29,1513 (c) A claim that is not filed or is filed after the deadline for filing a claim under
14sub. (1) is barred and the claimant may not pursue a claim against the trustee, the
15trust property, or recipients with respect to trust property.
SB759,29,1816 (d) The deadlines established under sub. (1) do not extend the time for
17commencement of a claim beyond the time provided by any statute of limitations
18applicable to that claim.
SB759,29,21 19(5) Satisfaction of claim from other property. Failure of a claimant timely
20to file a claim as provided in this section does not bar the claimant from satisfying
21the claim, if not otherwise barred, from property other than trust property.
SB759,30,11 22(6) Coordination with probate. If a legal notice has been published with
23respect to the estate of a deceased settlor who died domiciled in this state, property
24of a trust that was revocable at the settlor's death shall be treated as property of the
25estate solely for purposes of administering claims under ch. 859. The trustee shall

1be subject to the jurisdiction of the court in which the estate administration is
2pending. A personal representative, as defined in s. 851.23, shall provide notice to
3the trustee regarding claims filed against the estate. A claim barred under ch. 859
4may not be satisfied from property of a trust that was revocable at the settlor's death.
5The trustee and qualified beneficiaries shall have standing to file an objection, offset,
6or counterclaim with respect to claims filed against the estate. Nothing in this
7subsection causes property of the trust that otherwise would be exempt from claims
8to be subject to claims filed against the settlor's estate. If the trust is not referenced
9in a deceased settlor's will, the trustee of a trust that was revocable at the settlor's
10death shall provide notice to a personal representative of the settlor's estate, if any,
11of the existence of such trust.
SB759,86 12Section 86 . 701.0509 of the statutes is created to read:
SB759,30,16 13701.0509 Procedures for claims for debts of a deceased settlor;
14revocable trusts.
(1) Scope of applicability. The procedures under this section
15apply only to claims against a trust that was revocable by the settlor until the
16settlor's death.
SB759,30,24 17(2) Form and verification of claims; trustee response to claims. (a) General
18requirements.
A claim shall be in writing, shall describe the nature and amount of
19the claim, if ascertainable, shall identify the name, address, and any other contact
20information of the claimant, and shall be sworn to by the claimant or a person on the
21claimant's behalf that the amount is justly due, or if not yet due, when it will or may
22become due, that no payments have been made on the claim that are not credited,
23and that there are no offsets to the knowledge of the affiant, except as stated in the
24claim.
SB759,31,3
1(b) Requirements when claim founded on written instrument. If a claim is
2founded on a written instrument that is available, the original instrument or a copy
3of the original instrument shall be attached to the claim.
SB759,31,154 (c) Trustee response to a claim. A trustee does not need to respond to a claim
5until after the expiration of the deadline for filing a claim against the trust under s.
6701.0508. Within 30 days after the later of the receipt of the claim or 30 days after
7the expiration of the deadline, the trustee shall make a good faith determination of
8whether the claim is valid, absolute, contingent, or invalid, or whether the trustee
9will object to the claim, and the trustee shall inform the claimant of the
10determination. If the trustee decides to object to the claim, the claim may be
11compromised as provided in sub. (10) or contested as provided under sub. (11). If the
12trustee determines the claim is invalid, the claimant may object to that
13determination under sub. (11). If the trustee fails to respond within the applicable
14period, the claim shall be presumed valid and the claimant may seek enforcement
15under sub. (11).
SB759,31,18 16(3) Claims not due. If a claim will become due at some future time, the trustee
17may, or the court with respect to a contested claim may order the trustee to, do any
18of the following:
SB759,31,1919 (a) Pay the claim in full.
SB759,31,2120 (b) Pay the claim at the present value and in the same manner as in the case
21of an absolute claim that has been allowed.
SB759,31,2222 (c) Retain sufficient funds to satisfy the claim upon maturity.
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