701.1013(7)
(7) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
701.1013(8)
(8) A person making a demand for copies of the trust instrument or excerpts from the trust instrument, other than those excerpts described in
sub. (5), in addition to a certification of trust is liable for costs, expenses, reasonable attorney fees, and damages if the court determines that the person did not act in good faith in demanding the copies.
701.1013(9)
(9) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.
701.1013 History
History: 2013 a. 92;
2013 a. 151 s.
28.
UNIFORM PRINCIPAL AND INCOME ACT
701.1101
701.1101
Short title and scope. This subchapter may be cited as the Wisconsin Uniform Principal and Income Act. Subject to
s. 701.1205 (2), this subchapter applies to a trust described in
s. 701.0102 and an estate that is administered in this state.
701.1101 History
History: 2013 a. 92,
151.
701.1102
701.1102
Definitions. In this subchapter:
701.1102(1)
(1) “Accounting period" means a calendar year, unless a fiduciary selects another 12-month period, and includes a portion of a calendar year or other 12-month period that begins when an income interest begins or that ends when an income interest ends.
701.1102(1m)
(1m) Notwithstanding
s. 701.0103 (3), “beneficiary" means a person who has a beneficial interest in a trust or an estate and includes, in the case of a decedent's estate, an heir, a legatee, and a devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary.
701.1102(2)
(2) “Fiduciary" means a personal representative or a trustee and includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function as any of those.
701.1102(3)
(3) “Income" means money or property that a fiduciary receives as current return from a principal asset. “Income" includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in
ss. 701.1115 to
701.1129.
701.1102(4)
(4) “Income beneficiary" means a person to whom net income of a trust is or may be payable.
701.1102(5)
(5) “Income interest" means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion.
701.1102(6)
(6) “Mandatory income interest" means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.
701.1102(7)
(7) “Net income" means the total receipts allocated to income during an accounting period, minus the disbursements made from income during the period, plus or minus transfers under this subchapter to or from income during the period.
701.1102(8)
(8) “Principal" means property held in trust for distribution to a remainder beneficiary when the trust terminates or property held in trust in perpetuity.
701.1102 History
History: 2013 a. 92 ss.
179,
180,
205 to
212,
214,
215.
701.1103
701.1103
Fiduciary duties; general principles. 701.1103(1)
(1) In allocating receipts and disbursements to income or principal or between income and principal, and with respect to any matter within the scope of
ss. 701.1110 to
701.1114, a fiduciary:
701.1103(1)(a)
(a) Shall first administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this subchapter.
701.1103(1)(b)
(b) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this subchapter.
701.1103(1)(c)
(c) Shall administer a trust or estate in accordance with this subchapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration.
701.1103(1)(d)
(d) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this subchapter do not provide a rule for allocating the receipt or disbursement to principal or income or between principal and income.
701.1103(2)
(2) In exercising the power to adjust under
s. 701.1104 (1) or a discretionary power of administration regarding a matter within the scope of this subchapter, whether granted by the terms of a trust, a will, or this subchapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this subchapter is presumed to be fair and reasonable to all of the beneficiaries.
701.1103 History
History: 2013 a. 92 s.
217.
701.1104
701.1104
Trustee's power to adjust. 701.1104(1)
(1) A trustee may adjust between principal and income to the extent the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust describe the amount that may or must be distributed to a beneficiary by referring to the trust's income, and the trustee determines, after applying the rules in
s. 701.1103 (1), that the trustee is unable to comply with
s. 701.1103 (2).
701.1104(2)
(2) In deciding whether and to what extent to exercise the power conferred by
sub. (1), a trustee shall consider all factors relevant to the trust and its beneficiaries, including the following factors to the extent they are relevant:
701.1104(2)(a)
(a) The nature, purpose, and expected duration of the trust.
701.1104(2)(c)
(c) The identity and circumstances of the beneficiaries.
701.1104(2)(d)
(d) The needs for liquidity, regularity of income, and preservation and appreciation of capital.
701.1104(2)(e)
(e) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor.
701.1104(2)(f)
(f) The net amount allocated to income under the other subsections of this section and the increase or decrease in the value of the principal assets, which the trustee may estimate in the case of assets for which market values are not readily available.
701.1104(2)(g)
(g) Whether and to what extent the terms of the trust give the trustee the power to invade principal or accumulate income or prohibit the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income.
701.1104(2)(h)
(h) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation.
701.1104(3)(a)
(a) If possessing or exercising the power to make an adjustment would disqualify an estate tax or gift tax marital or charitable deduction in whole or in part.
701.1104(3)(b)
(b) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a gift tax exclusion.
701.1104(3)(c)
(c) That changes the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets.
701.1104(3)(d)
(d) From any amount that is permanently set aside for charitable purposes under a will or the terms of a trust and for which an estate tax or gift tax charitable deduction has been taken unless both income and principal are so set aside.
701.1104(3)(e)
(e) If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes, and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment.
701.1104(3)(f)
(f) If possessing or exercising the power to make an adjustment causes all or part of the trust assets to be included for estate tax purposes in the estate of an individual and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an adjustment.
701.1104(4)
(4) If
sub. (3) (e),
(f), or
(g) applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the terms of the trust do not permit the exercise of the power by that cotrustee.
701.1104(5)
(5) A trustee may release the entire power conferred by
sub. (1) or may release only the power to adjust from income to principal or the power to adjust from principal to income if the trustee is uncertain about whether possessing or exercising the power will cause a result described in
sub. (3) (a) to
(f) or if the trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in
sub. (3). The release may be permanent or for a specified period, including a period measured by the life of an individual.
701.1104(6)
(6) Terms of a trust that limit the power of a trustee to make an adjustment between principal and income do not affect the application of this subsection unless it is clear from the terms of the trust that the terms are intended to deny the trustee the power of adjustment conferred by
sub. (1).
701.1104 History
History: 2013 a. 92 s.
218.
701.1105
701.1105
Notice to beneficiaries of proposed action. 701.1105(1)(1) A trustee may, but is not required to, obtain approval of a proposed action under
s. 701.1104 (1) by providing a written notice that complies with all of the following:
701.1105(1)(a)
(a) Is given at least 30 days before the proposed effective date of the proposed action.
701.1105(1)(b)
(b) Is given in the manner provided in
ch. 879, except that notice by publication is not required.
701.1105(1)(d)
(d) States that it is given in accordance with this section and discloses the following information:
701.1105(1)(d)3.
3. The time within which a beneficiary may object to the proposed action, which shall be at least 30 days after the giving of the notice.
701.1105(1)(d)4.
4. The effective date of the proposed action if no objection is received from any beneficiary within the time specified in
subd. 3.
701.1105(2)
(2) If a trustee gives notice of a proposed action under this section, the trustee is not required to give notice to a qualified beneficiary who consents to the proposed action in writing at any time before or after the proposed action is taken.
701.1105(3)
(3) A qualified beneficiary may object to the proposed action by giving a written objection to the trustee within the time specified in the notice under
sub. (1) (d) 3.
701.1105(4)
(4) A trustee may decide not to take a proposed action after the trustee receives a written objection to the proposed action or at any other time for any other reason. In that case, the trustee shall give written notice to the qualified beneficiaries of the decision not to take the proposed action.
701.1105(5)
(5) If a trustee receives a written objection to a proposed action within the time specified in the notice under
sub. (1) (d) 3., either the trustee or the qualified beneficiary making the written objection may petition the court to have the proposed action approved, modified, or prohibited. In the court proceeding, the qualified beneficiary objecting to the proposed action has the burden of proving that the proposed action should be modified or prohibited. A qualified beneficiary who did not make the written objection may oppose the proposed action in the court proceeding.
701.1105(6)
(6) For purposes of this section, a proposed action under
s. 701.1104 includes a course of action or a decision not to take action under
s. 701.1104.
701.1105 History
History: 2013 a. 92 ss.
219 to
223,
225 to
230.
701.1106
701.1106
Conversion to unitrust. 701.1106(1)
(1) Subject to
sub. (4), a trust may be converted to a unitrust in any of the following ways:
701.1106(1)(a)
(a) By the trustee, at his or her own discretion or at the request of a qualified beneficiary, if all of the following apply:
701.1106(1)(a)1.
1. The trustee determines that the conversion will enable the trustee to better carry out the purposes of the trust.
701.1106(1)(a)2.
2. The trustee provides notice in the same manner as provided in
s. 701.1105 (1) of the trustee's intention to convert the trust to a unitrust, and the notice advises how the unitrust will operate, including the fixed percentage under
sub. (3) (a) and any other initial determinations under
sub. (3) (d) that the trustee intends to follow.
701.1106(1)(a)3.
3. Every qualified beneficiary consents to the conversion to a unitrust in a writing delivered to the trustee.
701.1106(1)(a)4.
4. The terms of the trust describe the amount that may or must be distributed by referring to the trust income.
701.1106(1)(b)
(b) By a court on the petition of the trustee or a qualified beneficiary, if all of the following apply:
701.1106(1)(b)1.
1. The trustee or qualified beneficiary has provided notice under
s. 701.1105 of the intention to request the court to convert the trust to a unitrust, and the notice advises how the unitrust will operate, including the fixed percentage under
sub. (3) (a) and any other initial determinations under
sub. (3) (d) that will be requested.
701.1106(1)(b)2.
2. The court determines that the conversion to a unitrust will enable the trustee to better carry out the purposes of the trust.
701.1106(3)(a)(a) If a trust is converted to a unitrust under this section by the trustee or a court, notwithstanding
s. 701.1103 (1) (a) and
(d) and
s. 701.1136 (4) the trustee shall make distributions in accordance with the trust instrument, except that any reference in the trust instrument to “income" means a fixed percentage of the net fair market value of the unitrust's assets, whether such assets otherwise would be considered income or principal under this subchapter, averaged over a preceding period determined by the trustee, which is at least 3 years but not more than 5 years, or the period since the original trust was created, whichever is less.
701.1106(3)(b)1.1. Subject to
subd. 2., if the trust is converted to a unitrust under
sub. (1) (a), the trustee shall determine the fixed percentage to be applied under
par. (a), and the notice under
sub. (1) (a) 2. must state the fixed percentage. If the trust is converted to a unitrust under
sub. (1) (b), the court shall determine the fixed percentage to be applied under
par. (a).
701.1106(3)(b)2.
2. Any fixed percentage under
par. (a) that is determined by a trustee may not be less than 3 percent nor more than 5 percent.
701.1106(3)(c)
(c) After a trust is converted to a unitrust, the trustee may, subject to the notice requirement under
s. 701.1105 and with the consent of every qualified beneficiary, do any of the following:
701.1106(3)(c)1.
1. Convert the unitrust back to the original trust under the trust instrument.
