SUBCHAPTER XII
MISCELLANEOUS PROVISIONS
701.1201 Private foundations. 701.1202 Electronic records and signatures. 701.1203 Uniformity of application and construction. 701.1204 Applicability of general transfers at death provisions. SUBCHAPTER XIII
UNIFORM TRUST DECANTING ACT
701.1305 Application; governing law. 701.1306 Reasonable reliance. 701.1307 Notice; exercise of decanting power. 701.1309 Court involvement. 701.1311 Decanting power under expanded distributive discretion. 701.1312 Decanting power under limited distributive discretion. 701.1313 Trust for beneficiary with disability. 701.1314 Protection of charitable interest. 701.1315 Trust limitation on decanting. 701.1316 Change in compensation. 701.1317 Relief from liability and indemnification. 701.1318 Removal or replacement of authorized fiduciary. 701.1319 Tax-related limitations. 701.1320 Duration of 2nd trust. 701.1321 Need to distribute not required. 701.1322 Saving provision. 701.1323 Trust for care of animal. 701.1324 Terms of 2nd trust. 701.1326 Later-discovered property. GENERAL PROVISIONS AND DEFINITIONS
701.0101701.0101 Short title. This chapter may be cited as the Wisconsin Trust Code. 701.0101 HistoryHistory: 2013 a. 92. 701.0101 AnnotationEstate Planning Metamorphosis: Wisconsin’s New Trust Code. Schultz & Wiensch. Wis. Law. June 2014.
701.0102701.0102 Scope. This chapter applies to express, charitable or noncharitable, and testamentary or living trusts, and any trust created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. This chapter does not apply to any of the following: 701.0102(4)(4) A custodial arrangement made pursuant to the Uniform Transfers to Minors Act under ss. 54.854 to 54.898 or the Uniform Custodial Trust Act under ss. 54.950 to 54.988. 701.0102(5)(5) A common trust or a collective investment fund. 701.0102(6)(6) A trust created by a depository agreement with a financial institution. 701.0102(7)(7) A trust made in connection with a business transaction, including a trust created under a bond indenture or collateral trust agreement or in connection with a structured finance transaction, a common law trust under s. 226.14, or a business trust. 701.0102(9)(9) A fund maintained pursuant to court order in conjunction with a bankruptcy proceeding, business liquidation, or class action lawsuit. 701.0102(10)(10) A trust that is part of an employee benefit arrangement or an individual retirement account. 701.0102(11)(11) A trust established under a qualified tuition savings program or education savings account. 701.0102(12)(12) A trust account maintained on behalf of a client or customer by a licensed service professional, including a trust account maintained by an attorney or by a real estate broker. 701.0102(12m)(12m) An account that is part of a qualified ABLE program under section 529A (b) of the Internal Revenue Code. 701.0102(13)(13) Any other arrangement under which a person is a nominee or escrowee for another. 701.0102 HistoryHistory: 2013 a. 92; 2023 a. 127. 701.0103701.0103 Definitions. In this chapter: 701.0103(1)(1) “Action,” with respect to an act of a trustee, directing party, or trust protector, includes a failure to act. 701.0103(1m)(1m) “Animal protector” means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose. 701.0103(1n)(1n) “Animal trust” means a trust or an interest in a trust created to provide for the care of one or more animals. 701.0103(2)(2) “Ascertainable standard” means a standard relating to an individual’s health, education, support, or maintenance within the meaning of section 2041 (b) (1) (A) or 2514 (c) (1) of the Internal Revenue Code. 701.0103(3)(3) “Beneficiary” means a person that satisfies any of the following: 701.0103(3)(a)(a) Has a present or future beneficial interest in a trust, vested or contingent. 701.0103(3)(b)(b) In a capacity other than that of trustee, trust protector, or a directing party, holds a power of appointment over trust property. 701.0103(3)(c)(c) Is an identified charitable organization that will or may receive distributions under the terms of the trust. 701.0103(3r)(3r) “Charitable interest” means an interest in a trust that satisfies any of the following: 701.0103(3r)(a)(a) It is held by an identified charitable organization and makes the organization a qualified beneficiary. 701.0103(3r)(b)(b) It benefits only charitable organizations and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary. 701.0103(3r)(c)(c) It is held solely for charitable purposes and, if the interest were held by an identified charitable organization, would make the organization a qualified beneficiary. 701.0103(3u)(3u) “Charitable organization” means any of the following: 701.0103(3u)(a)(a) A person, other than an individual, organized and operated exclusively for charitable purposes. 701.0103(3u)(b)(b) A government or governmental subdivision, agency, or instrumentality, to the extent it holds funds exclusively for a charitable purpose. 701.0103(3x)(3x) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, a municipal or other governmental purpose, or another purpose the achievement of which is beneficial to the community. 701.0103(4)(4) “Charitable trust” means a trust, or portion of a trust, created for a charitable purpose. This subsection does not apply in s. 701.1201. 701.0103(5)(5) “Conservator” means a person appointed by a court pursuant to s. 54.76. 701.0103(5w)(5w) “Current beneficiary” means a beneficiary that on the date the beneficiary’s qualification is determined is a distributee or permissible distributee of trust income or principal or is the holder of a presently exercisable general power of appointment. 701.0103(6)(6) “Directed trust property” means all or any portion of the property of a trust that is invested or managed by a directing party or is invested or managed at the direction of a directing party and for which the trustee has no investment or management responsibility. 701.0103(7)(7) “Directing party” means a person who, in a trust instrument or court order, is granted a power to direct a trustee’s investment or distribution decisions or a power to make investment or distribution decisions regarding trust property and the power is granted to the person in a capacity other than as a trustee or a trust protector. For purposes of this subsection, a power of appointment is not a power to direct a trustee’s investment or distribution decisions or a power to make investment or distribution decisions regarding trust property. 701.0103(8)(8) “Environmental law” means a federal, state, or local law, rule, regulation, or ordinance relating to protection or remediation of the environment. 701.0103(10)(10) “Guardian of the estate” means a person appointed by a court under s. 54.10 as a guardian of the estate of a minor or adult individual. 701.0103(11)(11) “Guardian of the person” means a person appointed by a court under s. 54.10 as a guardian of the person of a minor or adult individual. 701.0103(11p)(11p) “Identified charitable organization” means a charitable organization that is expressly designated to receive distributions under the terms of a charitable trust and that is not subject to a right of substitution by the settlor or by any other party prior to the charitable organization becoming a current beneficiary. 701.0103(12)(12) “Incapacitated” means unable to receive and evaluate information effectively or to communicate decisions to such an extent that the individual lacks the capacity to manage his or her decisions. 701.0103(13)(13) “Individual with a disability” means an individual who meets one of the following tests: 701.0103(13)(a)(a) The individual receives social security, supplemental security income, or medical assistance benefits on the basis of being an individual who is disabled, as defined by the applicable program.
/statutes/statutes/701
true
statutes
/statutes/statutes/701/_194
Chs. 700-711, Property
section
true
