880.66(1)(b)
(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under
s. 880.65 (1); or
880.66(1)(c)
(c) Death or incapacity of a person nominated under
s. 880.62 or designated under
s. 880.65 as custodian or the disclaimer of the office by that person.
880.66(2)
(2) A transfer made under
s. 880.65 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in
ss. 880.61 to
880.72, and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in
ss. 880.61 to
880.72.
880.66(3)
(3) By making a transfer, the transferor incorporates in the disposition all of the provisions of
ss. 880.61 to
880.72 and grants to the custodian, and to any 3rd person dealing with a person designated as custodian, the respective powers, rights and immunities provided in
ss. 880.61 to
880.72.
880.66 History
History: 1987 a. 191.
880.665
880.665
Care of custodial property. 880.665(1)(b)
(b) Register or record title to custodial property if appropriate; and
880.665(1)(c)
(c) Collect, hold, manage, invest and reinvest custodial property.
880.665(2)
(2) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
880.665(3)
(3) A custodian may invest in or pay premiums on life insurance or endowment policies on:
880.665(3)(a)
(a) The life of the minor only if the minor or the minor's estate is the sole beneficiary; or
880.665(3)(b)
(b) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate or the custodian in the capacity of custodian, is the irrevocable beneficiary.
880.665(4)
(4) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for .... (name of minor) under the Wisconsin Uniform Transfers to Minors Act".
880.665(5)
(5) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
880.665 History
History: 1987 a. 191.
880.67
880.67
Powers of custodian. 880.67(1)(1) A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers and authority in that capacity only.
880.67(2)
(2) This section does not relieve a custodian from liability for breach of
s. 880.665.
880.67 History
History: 1987 a. 191.
880.675
880.675
Use of custodial property. 880.675(1)
(1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
880.675(1)(a)
(a) The duty or ability of the custodian personally or of any other person to support the minor; or
880.675(1)(b)
(b) Any other income or property of the minor which may be applicable or available for that purpose.
880.675(2)
(2) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
880.675(3)
(3) A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
880.675 History
History: 1987 a. 191.
880.68
880.68
Custodian's expenses, compensation and bond. 880.68(1)(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
880.68(2)
(2) Except for a person who is a transferor under
s. 880.625, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
880.68 History
History: 1987 a. 191.
880.685
880.685
Exemption of 3rd person from liability. A 3rd person, in good faith and without court order, may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining any of the following:
880.685(1)
(1) The validity of the purported custodian's designation.
880.685(2)
(2) The propriety of, or the authority under
ss. 880.61 to
880.72 for, any act of the purported custodian.
880.685(3)
(3) The validity or propriety under
ss. 880.61 to
880.72 of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian.
880.685(4)
(4) The propriety of the application of any property of the minor delivered to the purported custodian.
880.685 History
History: 1987 a. 191.
880.69
880.69
Liability to 3rd persons. 880.69(1)
(1) A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property or a tort committed during the custodianship may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
880.69(2)
(2) A custodian is not personally liable:
880.69(2)(a)
(a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
880.69(2)(b)
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
880.69(3)
(3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
880.69 History
History: 1987 a. 191.
880.695
880.695
Renunciation, resignation, death or removal of custodian; designation of successor custodian. 880.695(1)(1) A person nominated under
s. 880.62 or designated under
s. 880.65 as custodian may decline to serve by delivering a valid disclaimer under
s. 854.13 to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing and eligible to serve was nominated under
s. 880.62, the person who made the nomination may nominate a substitute custodian under
s. 880.62; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under
s. 880.65 (1). The custodian so designated has the rights of a successor custodian.
880.695(2)
(2) A custodian at any time may designate a trust company or an adult other than a transferor under
s. 880.625 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated or is removed.
880.695(3)
(3) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.
880.695(4)
(4) If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in
sub. (2), an adult member of the minor's family, a conservator of the minor or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family or any other interested person may petition the court to designate a successor custodian.
880.695(5)
(5) A custodian who declines to serve under
sub. (1) or resigns under
sub. (3), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian, by action, may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
880.695(6)
(6) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under
s. 880.625 or to require the custodian to give appropriate bond.
880.695 History
History: 1987 a. 191;
1997 a. 188.
880.70
880.70
Accounting by and determination of liability of custodian. 880.70(1)(1) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the court:
880.70(1)(a)
(a) For an accounting by the custodian or the custodian's legal representative; or
880.70(1)(b)
(b) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under
s. 880.69 to which the minor or the minor's legal representative was a party.
880.70(2)
(2) A successor custodian may petition the court for an accounting by the predecessor custodian.
880.70(3)
(3) The court, in a proceeding under
ss. 880.61 to
880.72 or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
880.70(4)
(4) If a custodian is removed under
s. 880.695 (6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
880.70 History
History: 1987 a. 191.
880.705
880.705
Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
880.705(1)
(1) The minor's attainment of 21 years of age with respect to custodial property transferred under
s. 880.625 or
880.63;
880.705(2)
(2) The minor's attainment of 18 years of age with respect to custodial property transferred under
s. 880.635 or
880.64; or
880.705 History
History: 1987 a. 191.
880.71
880.71
Applicability. Sections 880.61 to
880.72 apply to a transfer within the scope of
s. 880.615 made after April 8, 1988, if:
880.71(2)
(2) The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of
ss. 880.61 to
880.72 is necessary to validate the transfer.
880.71 History
History: 1987 a. 191.
880.715
880.715
Effect on existing custodianships. 880.715(1)
(1) Any transfer of custodial property as defined in
ss. 880.61 to
880.72 made before April 8, 1988, is validated notwithstanding that there was no specific authority in ss.
880.61 to
880.71, 1985 stats., for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
880.715(2)
(2) Sections 880.61 to
880.72 apply to all transfers made before April 8, 1988, in a manner and form prescribed in ss.
880.61 to
880.71, 1985 stats., except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on April 8, 1988.
880.715(3)
(3) Sections 880.61 to
880.705 with respect to the age of a minor for whom custodial property is held under
ss. 880.61 to
880.72 do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of 18 after March 23, 1972 and before April 8, 1988.
880.715(4)
(4) To the extent that
ss. 880.61 to
880.72, by virtue of
sub. (2), do not apply to transfers made in a manner prescribed in ss.
880.61 to
880.71, 1985 stats., or to the powers, duties and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of ss.
880.61 to
880.71, 1985 stats., does not affect those transfers, powers, duties and immunities.
880.715 History
History: 1987 a. 191.
880.72
880.72
Uniformity of application and construction. Sections 880.61 to
880.72 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of
ss. 880.61 to
880.72 among states enacting it.
880.72 History
History: 1987 a. 191.
SECURITIES OWNERSHIP BY MINORS,
INCOMPETENTS AND SPENDTHRIFTS
880.75
880.75
Uniform securities ownership by minors act. 880.75(1)(1)
Definitions. In this section, unless the context otherwise requires:
880.75(1)(a)
(a) "Bank" is a bank, trust company, national banking association, industrial bank or any banking institution incorporated under the laws of this state.
880.75(1)(b)
(b) "Broker" means a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his or her own account, through a broker or otherwise, as a part of a regular business.
880.75(1)(c)
(c) "Issuer" means a person who places or authorizes the placing of his or her name on a security, other than as a transfer agent, to evidence that it represents a share, participation or other interest in his or her property or in an enterprise or to evidence his or her duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person.
880.75(1)(d)
(d) "Person" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity.
880.75(1)(e)
(e) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in "registered form" when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.
880.75(1)(f)
(f) "Third-party" is a person other than a bank, broker, transfer agent or issuer who with respect to a security held by a minor effects a transaction otherwise than directly with the minor.
