701.0204 701.0204 Venue.
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.
subch. III of ch. 701 SUBCHAPTER III
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)(a) (a) There is no one permitted to act under subs. (1) to (6).
701.0303(8)(b) (b) All of the people entitled to act under subs. (1) to (6) have declined to act.
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.
701.0304 701.0304 Representation by person having substantially identical interest. Unless otherwise represented with respect to a particular question or dispute, a minor, incapacitated, or unborn individual or a person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented with respect to the particular question or dispute.
701.0304 History History: 2013 a. 92.
701.0305 701.0305 Appointment of representative by a court.
701.0305(1)(1)If the court determines that an interest is not represented under this subchapter, or that the otherwise available representation might be inadequate, the court may appoint a representative or guardian ad litem to receive notice, give consent, and otherwise represent, bind, and act on behalf of the person who is not represented or whose representation might be inadequate. A representative or guardian ad litem may be appointed to represent several persons or interests.
701.0305(2) (2)A representative or guardian ad litem may act on behalf of the individual represented with respect to any matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending.
701.0305(3) (3)In making decisions, a representative or guardian ad litem may consider any general benefit accruing to the living members of the individual's family.
701.0305 History History: 2013 a. 92.
subch. IV of ch. 701 SUBCHAPTER IV
CREATION, VALIDITY, MODIFICATION,
AND TERMINATION OF TRUST
701.0401 701.0401 Methods of creating a trust. A trust may be created by any of the following:
701.0401(1) (1)A transfer of property to another person as trustee during the settlor's lifetime, by will, or by other disposition taking effect upon the settlor's death.
701.0401(2) (2)A declaration by an owner of property that the owner holds identifiable property as trustee or declaration by any person who intends to create a trust with the expectation that property of the person or others will be transferred to the trust.
701.0401(3) (3)An exercise of a power of appointment in favor of a trustee.
701.0401(4) (4)A court pursuant to its statutory or equitable powers.
701.0401(5) (5)A guardian of the estate or conservator acting with authority of the court, a representative payee, or an agent under a power of attorney that expressly grants authority to create the trust.
701.0401(6) (6)Any other manner authorized by statute, regulation, common law, or other provision having the effect of law.
701.0401 History History: 2013 a. 92.
701.0402 701.0402 Requirements for creation.
701.0402(1)(1)A trust is created only if all of the following are satisfied:
701.0402(1)(a) (a) The settlor of the trust has capacity, as defined in sub. (4), to create the trust, unless the trust is created by court order or by an agent, guardian of the estate, conservator, or representative payee with authority to act.
701.0402(1)(b) (b) The settlor indicates an intention to create the trust; or a statute, regulation, common law, other provision having the effect of law, judgment, or decree creates or authorizes the creation of a trust.
701.0402(1)(c) (c) The trust has a definite beneficiary or is one of the following:
701.0402(1)(c)1. 1. A charitable trust.
701.0402(1)(c)2. 2. A trust for the care of an animal, as provided in s. 701.0408.
701.0402(1)(c)3. 3. A trust for a noncharitable purpose, as provided in s. 701.0409.
701.0402(1)(d) (d) The trustee has duties to perform.
701.0402(1)(e) (e) The same person is not the sole trustee and sole beneficiary.
701.0402(2) (2)A beneficiary is definite if the beneficiary can be ascertained at the time the trust is created or in the future.
701.0402(3) (3)A power in a trustee or trust protector to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
701.0402(4) (4)The capacity required to create a trust is the same as the capacity to make a will.
701.0402 History History: 2013 a. 92.
701.0403 701.0403 Trusts created in other jurisdictions. A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, at the time of creation, any of the following was satisfied:
701.0403(1) (1)The settlor was domiciled, had a place of abode, or was a national.
701.0403(2) (2)A trustee was domiciled or had a place of business.
701.0403(3) (3)Any trust property was located.
701.0403 History History: 2013 a. 92.
701.0404 701.0404 Trust purposes. A trust may be created only to the extent its purposes are lawful and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries or for a noncharitable, but otherwise valid, purpose as described in s. 701.0409.
701.0404 History History: 2013 a. 92.
701.0405 701.0405 Charitable purposes; enforcement.
701.0405(1)(1)A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health or governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.
701.0405(2) (2)If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, or designate persons or procedures for selecting charitable purposes or beneficiaries, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.
701.0405(3) (3)The settlor of a charitable trust or his or her designees, whether identified within or without the terms of the trust, or a charitable entity named in the trust instrument, or the attorney general, or a cotrustee, or such other person the court determines to have sufficient interest may maintain a proceeding to enforce the trust.
701.0405 History History: 2013 a. 92.
701.0406 701.0406 Creation of trust induced by fraud, duress, or undue influence. A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
701.0406 History History: 2013 a. 92.
701.0407 701.0407 Evidence of oral trust. Except as required by a statute other than this chapter, a trust does not need to be evidenced by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence.
701.0407 History History: 2013 a. 92.
701.0408 701.0408 Trust for care of animal.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on December 1, 2020. Published and certified under s. 35.18. Changes effective after December 1, 2020, are designated by NOTES. (Published 12-1-20)