880.76(4)
(4) Interpretation. This section shall supersede any provision of law in conflict therewith.
880.76 History
History: 1971 c. 41 ss.
8,
12; Stats. 1971 s. 880.76;
1993 a. 486;
1999 a. 185.
UNIFORM CUSTODIAL TRUST ACT
880.81
880.81
Definitions. In this subchapter:
880.81(1)
(1) "Adult" means an individual who is at least 18 years of age.
880.81(2)
(2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this subchapter.
880.81(3)
(3) "Conservator" means a person appointed or qualified by a court by voluntary proceedings to manage the estate of an individual, or a person legally authorized to perform substantially the same functions.
880.81(4)
(4) "Court" means the circuit court of this state.
880.81(5)
(5) "Custodial trustee" means a person designated as trustee of a custodial trust under this subchapter or a substitute or successor to the person designated.
880.81(6)
(6) "Custodial trustee property" means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this subchapter and the income from and proceeds of that interest.
880.81(7)
(7) "Guardian" means a person appointed or qualified by a court as a guardian of the person or estate, or both, of an individual, including a limited guardian, but not a person who is only a guardian ad litem.
880.81(8)
(8) "Incapacitated" means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority or other disabling cause.
880.81(9)
(9) "Legal representative" means a personal representative, conservator or guardian of the estate.
880.81(10)
(10) "Member of the beneficiary's family" means a beneficiary's spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption.
880.81(11)
(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, joint venture, association or any other legal or commercial entity.
880.81(12)
(12) "Personal representative" means an executor, administrator or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions or a successor to any of them.
880.81(13)
(13) "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
880.81(14)
(14) "Transferor" means a person who creates a custodial trust by transfer or declaration.
880.81(15)
(15) "Trust company" means a financial institution, corporation or other legal entity, authorized to exercise general trust powers.
880.81 History
History: 1991 a. 246.
880.815
880.815
Custodial trust; general. 880.815(1)
(1) A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer executed in any lawful manner, naming as beneficiary an individual who may be the transferor, in which the transferee is designated, in substance, as custodial trustee under the Wisconsin uniform custodial trust act.
880.815(2)
(2) A person may create a custodial trust of property by a written declaration, evidenced by registration of the property or by other instrument of declaration executed in any lawful manner, describing the property, naming as beneficiary an individual other than the declarant, in which the declarant as titleholder is designated, in substance, as custodial trustee under the Wisconsin uniform custodial trust act. A registration or other declaration of trust for the sole benefit of the declarant is not a custodial trust under this subchapter.
880.815(3)
(3) Title to custodial trust property is in the custodial trustee and the beneficial interest is in the beneficiary.
880.815(4)
(4) Except as provided in subsection (5), a transferor may not terminate a custodial trust.
880.815(5)
(5) The beneficiary, if not incapacitated, or the conservator or guardian of the estate of an incapacitated beneficiary, may terminate a custodial trust by delivering to the custodial trustee a writing signed by the beneficiary, conservator or guardian of the estate declaring the termination. If not previously terminated, the custodial trust terminates on the death of the beneficiary.
880.815(6)
(6) Any person may augment existing custodial trust property by the addition of other property pursuant to this subchapter.
880.815(7)
(7) The transferor may designate, or authorize the designation of, a successor custodial trustee in the trust instrument.
880.815(8)
(8) This subchapter does not displace or restrict other means of creating trusts. A trust whose terms do not conform to this subchapter may be enforceable according to its terms under other law.
880.815 History
History: 1991 a. 246.
880.82
880.82
Custodial trustee for future payment or transfer. 880.82(1)(1) A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, followed in substance by: "as custodial trustee for.... (name of beneficiary) under the Wisconsin Uniform Custodial Trust Act".
880.82(2)
(2) Persons may be designated as substitute or successor custodial trustees to whom the property must be paid or transferred in the order named if the first designated custodial trustee is unable or unwilling to serve.
880.82(3)
(3) A designation under this section may be made in a will, a trust, a deed, a multiple-party account, an insurance policy, an instrument exercising a power of appointment or a writing designating a beneficiary of contractual rights. Otherwise, to be effective, the designation must be registered with or delivered to the fiduciary, payor, issuer or obligor of the future right.
880.82 History
History: 1991 a. 246.
880.825
880.825
Form and effect of receipt and acceptance by custodial trustee, jurisdiction. 880.825(1)
(1) Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this subchapter upon the custodial trustee's acceptance, express or implied, of the custodial trust property.
880.825(2)
(2) The custodial trustee's acceptance may be evidenced by a writing stating in substantially the following form:
Custodial trustee's receipt and acceptance
I,.... (name of custodial trustee), acknowledge receipt of the custodial trust property described below or in the attached instrument and accept the custodial trust as custodial trustee for.... (name of beneficiary) under the Wisconsin Uniform Custodial Trust Act. I undertake to administer and distribute the custodial trust property pursuant to the Wisconsin Uniform Custodial Trust Act. My obligations as custodial trustee are subject to the directions of the beneficiary unless the beneficiary is designated as, is or becomes, incapacitated. The custodial trust property consists of.....
Dated: ....
....
(Signature of Custodial Trustee)
880.825(3)
(3) Upon accepting custodial trust property, a person designated as custodial trustee under this subchapter is subject to personal jurisdiction of the court with respect to any matter relating to the custodial trust.
880.825 History
History: 1991 a. 246;
1993 a. 213.
880.83
880.83
Transfer to custodial trustee by fiduciary or obligor; facility of payment. 880.83(1)
(1) Unless otherwise directed by an instrument designating a custodial trustee pursuant to
s. 880.82, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator or guardian of the estate may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the use and benefit of the incapacitated individual. If the value of the property or the debt exceeds $10,000, the transfer is not effective unless authorized by the court.
880.83(2)
(2) A written acknowledgment of delivery, signed by a custodial trustee, is a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section.
880.83 History
History: 1991 a. 246.
880.835
880.835
Multiple beneficiaries; separate custodial trusts; survivorship. 880.835(1)
(1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.
880.835(2)
(2) Custodial trust property held under this subchapter by the same custodial trustee for the use and benefit of the same beneficiary may be administered as a single custodial trust.
880.835(3)
(3) A custodial trustee of custodial trust property held for more than one beneficiary shall separately account to each beneficiary pursuant to
ss. 880.84 and
880.88 for the administration of the custodial trust.
880.835 History
History: 1991 a. 246.
880.84
880.84
General duties of custodial trustee. 880.84(1)
(1) If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property.
880.84(2)
(2) If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in the management, control, investment or retention of the custodial trust property. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee 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 law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.
880.84(3)
(3) Subject to
sub. (2), a custodial trustee shall take control of and collect, hold, manage, invest and reinvest custodial trust property.
880.84(4)
(4) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has control separate from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property, the title to which is subject to recordation, is so identified if an appropriate instrument so identifying the property is recorded, and custodial trust property subject to registration is so identified if it is registered or held in an account in the name of the custodial trustee designated in substance: "as custodial trustee for .... (name of beneficiary) under the Wisconsin Uniform Custodial Trust Act".
880.84(5)
(5) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable times to the beneficiary or legal representative of the beneficiary.
880.84(6)
(6) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the administration or distribution of a custodial trust.
880.84 History
History: 1991 a. 246.
880.845
880.845
General powers of custodial trustee. 880.845(1)
(1) A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers in a fiduciary capacity only.
880.845(2)
(2) This section does not relieve a custodial trustee from liability for a violation of
s. 880.84.
880.845 History
History: 1991 a. 246.
880.85
880.85
Use of custodial trust property. 880.85(1)
(1) A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.
880.85(2)
(2) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee considers advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary when the beneficiary became incapacitated or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, when and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income or property of the beneficiary.
880.85(3)
(3) A custodial trustee may establish checking, savings or other similar accounts of reasonable amounts from or against which either the custodial trustee or the beneficiary may withdraw funds or write checks. Funds withdrawn from, or checks written against, the account by the beneficiary are distributions of custodial trust property by the custodial trustee to the beneficiary.
880.85 History
History: 1991 a. 246.
880.855
880.855
Determination of incapacity; effect. 880.855(1)
(1) The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary if any of the following applies:
880.855(1)(b)
(b) The transferor has so directed in the instrument creating the custodial trust period.
880.855(1)(c)
(c) The custodial trustee has determined that the beneficiary is incapacitated.
880.855(2)
(2) A custodial trustee may determine that the beneficiary is incapacitated in reliance upon any of the following:
880.855(2)(a)
(a) Previous direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney.
880.855(2)(b)
(b) The certificate of the beneficiary's physician.
880.855(3)
(3) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage property and business affairs have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer the trust as for a beneficiary who is not incapacitated.
880.855(4)
(4) On petition of the beneficiary, the custodial trustee or other person interested in the custodial trust property or the welfare of the beneficiary, the court shall determine whether the beneficiary is incapacitated.
880.855(5)
(5) Absent determination of incapacity of the beneficiary under
sub. (2) or
(4), a custodial trustee who has reason to believe that the beneficiary is incapacitated shall administer the custodial trust in accordance with the provisions of this subchapter applicable to an incapacitated beneficiary.
880.855(6)
(6) Incapacity of a beneficiary does not terminate any of the following:
880.855(6)(b)
(b) Any designation of a successor custodial trustee.
880.855(6)(d)
(d) Any immunities of 3rd persons acting on instructions of the custodial trustee.
880.855 History
History: 1991 a. 246.
