701.0111(1)
(1) In this section, "interested person" means a person whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
701.0111(2)
(2) An interested person may be represented under this section as provided in
subch. III.
701.0111(3)
(3) Except as provided in
sub. (4), an interested person may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. A binding nonjudicial settlement agreement is considered part of the trust instrument.
701.0111(4)
(4) A nonjudicial settlement agreement is valid only to the extent it includes terms and conditions that could be properly approved by a court under this chapter or other applicable law.
701.0111(5)
(5) Except as provided in
sub. (4), matters that may be addressed by a nonjudicial settlement agreement include any of the following:
701.0111(5)(a)
(a) The interpretation or construction of the terms of the trust.
701.0111(5)(b)
(b) The approval of a trustee's report or accounting or waiver of the preparation of a trustee's report or accounting.
701.0111(5)(c)
(c) Direction to a trustee to perform or refrain from performing a particular act or the grant to a trustee of any necessary power.
701.0111(5)(f)
(f) The transfer of a trust's principal place of administration.
701.0111(5)(g)
(g) The liability or release from liability of a trustee for an action relating to the trust.
701.0111(5)(h)
(h) The criteria for distribution to a beneficiary where the trustee is given discretion.
701.0111(5)(i)
(i) The resolution of disputes arising out of the administration or distribution of the trust.
701.0111(5)(k)
(k) The appointment of and powers granted to a directing party or a trust protector.
701.0111(5)(L)
(L) Direction to a directing party or to a trust protector to perform or refrain from performing a particular act or the grant of a power to a directing party or trust protector.
701.0111(6)
(6) Any interested person may request a court to approve a nonjudicial settlement agreement, to determine whether the representation as provided in
subch. III was adequate, or to determine whether the agreement contains terms and conditions the court could have properly approved.
701.0111 History
History: 2013 a. 92.
JUDICIAL PROCEEDINGS
701.0201
701.0201
Role of court in administration of trust. 701.0201(1)(1) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
701.0201(2)
(2) Unless ordered by the court upon a petition of a settlor, trustee, or qualified beneficiary requesting continuing judicial supervision, a trust is not subject to continuing judicial supervision.
701.0201(3)
(3) A judicial proceeding involving a trust or the trust's administration may involve any of the following:
701.0201(3)(a)
(a) Determining the validity of all or any part of a trust.
701.0201(3)(b)
(b) Appointing or removing a trustee, directing party, or trust protector.
701.0201(3)(c)
(c) Appointing a representative or guardian ad litem, as provided in
s. 701.0305, whether or not any other judicial proceeding concerning the trust is pending.
701.0201(3)(d)
(d) Reviewing and approving a fee of a trustee, directing party, or trust protector.
701.0201(3)(g)
(g) Determining the existence or nonexistence of any immunity, power, privilege, duty, or right.
701.0201(3)(j)
(j) Seeking reformation or other equitable relief with respect to a trust.
701.0201(3)(k)
(k) Resolving a question arising in the administration of a trust, including a question of construction of a trust instrument.
701.0201(3)(L)
(L) Determining any other matter involving a trustee, directing party, trust protector, or beneficiary.
701.0201 History
History: 2013 a. 92.
701.0202
701.0202
Personal jurisdiction. 701.0202(1)
(1) A trustee, trust protector, or directing party submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust by accepting an appointment as a trustee, trust protector, or directing party of a trust having its principal place of administration in this state or by continuing to serve as the trustee, trust protector, or directing party of a trust after the principal place of administration of the trust is moved to this state.
701.0202(2)
(2) With respect to a beneficiary's interest in a trust, the beneficiary of a trust having its principal place of administration in this state is subject to the jurisdiction of the courts of this state regarding any matter involving the trust. By accepting a distribution from a trust having its principal place of administration in this state, a recipient submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
701.0202(3)
(3) Notwithstanding any contractual provision or other agreement between the trustee and the agent to the contrary, by accepting the delegation of a trust function pursuant to
s. 701.0807 or
881.01 (10), or otherwise, from the trustee of a trust having a principal place of administration in this state, the agent submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust.
701.0202(4)
(4) This section does not preclude other methods of obtaining jurisdiction over a trustee, directing party, trust protector, beneficiary, or other person receiving property from the trust.
701.0202 History
History: 2013 a. 92.
701.0203
701.0203
Subject matter jurisdiction. 701.0203(1)
(1) The circuit court assigned to exercise probate jurisdiction has exclusive jurisdiction of proceedings in this state brought by a trustee, trust protector, directing party, or beneficiary concerning the administration of a trust. Except as otherwise provided in this chapter, and as applicable, the probate procedure described in
ch. 879 applies to a proceeding brought by a trustee, trust protector, directing party, or beneficiary concerning the administration of a trust.
701.0203(2)
(2) This section does not preclude judicial or nonjudicial alternative dispute resolution, including nonjudicial settlement agreements described in
s. 701.0111.
701.0203 History
History: 2013 a. 92.
701.0204(1)(1) Except as provided in
sub. (2), venue for a judicial proceeding involving a trust may be in the county of this state in which the trust's principal place of administration is or will be located or, if the trust is a testamentary trust and the decedent's estate is not yet closed, in the county of this state in which the decedent's estate is being administered.
701.0204(2)
(2) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in any of the following:
701.0204(2)(a)
(a) A county of this state in which a beneficiary resides.
701.0204(2)(b)
(b) A county of this state in which any trust property is located.
701.0204(2)(c)
(c) A county of this state in which the holder of trust property maintains an office.
701.0204(2)(d)
(d) If the trust is a testamentary trust and the decedent's estate is not yet closed, in the county of this state in which the decedent's estate is being administered.
701.0204(3)
(3) Venue for a judicial proceeding involving a trust is also governed by
ss. 801.50 to
801.62, as applicable, and the proceeding is regarded as a civil action for that purpose.
701.0204 History
History: 2013 a. 92.
701.0205
701.0205
Notice. If notice of a judicial proceeding involving a trust to an interested person, to the person's representative or guardian ad litem, or to other persons, is required by law or deemed necessary by the court, the court shall order such notice to be given as prescribed in
s. 879.05 except that service by publication may not be required unless ordered by the court. The court may order both personal service and service by publication on designated persons. Proof of service shall be made as provided in
s. 879.07. Interested persons, on behalf of themselves, or their representatives or guardians ad litem, on behalf of the representative or guardian ad litem and the interested person the representative or guardian ad litem represents, may in writing waive service of notice and consent to the hearing of any matter without notice. Waiver of notice or an appearance by any interested person or the interested person's representative or guardian ad litem is equivalent to timely service of notice.
701.0205 History
History: 2013 a. 92 s.
194.
701.0206
701.0206
Attorney for person in military service. At the time of filing a petition for a judicial proceeding involving a trust, the petitioner shall file an affidavit setting forth the name of any interested person who is actively engaged in the military service of the United States. Whenever it appears by the affidavit or otherwise that any person in the active military service of the United States is an interested person and is not represented by an attorney, or by an attorney-in-fact who is duly authorized to act on the interested person's behalf in the matter, the court shall appoint an attorney to represent the interested person and protect the person's interest.
701.0206 History
History: 2013 a. 92 s.
195.
REPRESENTATION
701.0301
701.0301
Representation: basic effect. 701.0301(1)
(1) Notice, information, an accounting, or a report given to a person who may represent and bind another person under this subchapter is a substitute for and has the same effect as notice, information, an accounting, or a report given directly to the other person.
701.0301(2)
(2) The consent of a person who may represent and bind another person under this subchapter is binding on the person represented unless the person represented objects to the representation by notifying the trustee or the representative in writing before the consent would otherwise have become effective.
701.0301(3)
(3) Except as provided in
ss. 701.0411 and
701.0602, a person who under this subchapter may represent a settlor who lacks capacity may receive notice and may give a binding consent on the settlor's behalf.
701.0301(4)
(4) A settlor may not represent and bind a beneficiary under this subchapter with respect to the termination or modification of a trust under
s. 701.0411 (1).
701.0301(5)
(5) A trustee is not liable for giving notice, information, an accounting, or a report to a beneficiary who is represented by another person under this subchapter and nothing in this subchapter prohibits the trustee from giving notice, information, an accounting, or a report to the person represented.
701.0301 History
History: 2013 a. 92.
701.0302
701.0302
Representation by holder of general power of appointment. To the extent there is no conflict of interest between a holder of a general power of appointment and a person represented with respect to the particular question or dispute, the holder may represent and bind the person whose interests, as a permissible appointee, a taker in default, or otherwise, are subject to the power.
701.0302 History
History: 2013 a. 92.
701.0303
701.0303
Representation by fiduciaries, parents, or a person appointed by a trustee. Except as provided in
s. 701.0411, to the extent there is no conflict of interest between a representative and the person represented or among those being represented with respect to a particular question or dispute, all of the following apply:
701.0303(1)
(1) A conservator may represent and bind the estate that the conservator controls.
701.0303(2)
(2) Notwithstanding
ss. 54.20 (2) and
54.25 (2), a guardian of the estate may represent and bind the ward and a guardian of the person may represent and bind the ward if a guardian of the estate of the ward has not been appointed.
701.0303(3)
(3) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal.
701.0303(4)
(4) A trustee may represent and bind the beneficiaries of the trust, except as to matters relating to the administration or distribution of the trust.
701.0303(5)
(5) A personal representative of a decedent's estate may represent and bind a person interested in the estate, except as to matters relating to the administration or distribution of the estate.
701.0303(6)
(6) A parent may represent and bind the parent's minor or unborn child. If a disagreement arises between parents seeking to represent the same minor child or unborn child, representation is determined as follows:
701.0303(6)(a)
(a) If only one parent is a beneficiary of the trust that is the subject of the representation, that parent may represent the minor child or unborn child.
701.0303(6)(b)
(b) If both parents are beneficiaries of the trust that is the subject of the representation, the parent who is related to the settlor, other than by reason of being married to the other parent, may represent the minor child or unborn child.
701.0303(6)(c)
(c) Subject to
s. 701.0301 (4), if neither parent is a beneficiary of the trust that is the subject of the representation, the parent who is the settlor of the trust that is the subject of the representation may represent the minor child or unborn child.
701.0303(6)(d)
(d) If neither parent is a beneficiary or settlor of the trust that is the subject of the representation, the parent who is related to the settlor, other than by reason of being married to the other parent, may represent the minor child or unborn child.
701.0303(7)
(7) The order in which the representatives are listed in
subs. (1) to
(6) sets forth the priority that each such representative has relative to the others.
701.0303(8)
(8) If there is no representation by a person having a substantially identical interest under
s. 701.0304, the trustee may appoint a representative to act if any of the following applies:
701.0303(8)(c)
(c) The trustee determines that the otherwise available representation under
subs. (1) to
(6) might be inadequate.
701.0303 History
History: 2013 a. 92,
151.
