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Wisconsin Statutes Property (Ch. 700 to 710) § 701.0201. Role of court in administration of trust

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(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.

(3) A judicial proceeding involving a trust or the trust's administration may involve any of the following:

(a) Determining the validity of all or any part of a trust.

(b) Appointing or removing a trustee, directing party, or trust protector.

(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.

(d) Reviewing and approving a fee of a trustee, directing party, or trust protector.

(e) Approving interim or final accounts.

(f) Ascertaining trust beneficiaries.

(g) Determining the existence or nonexistence of any immunity, power, privilege, duty, or right.

(h) Requesting trustee instructions.

(i) Obtaining a declaratory judgment.

(j) Seeking reformation or other equitable relief with respect to a trust.

(k) Resolving a question arising in the administration of a trust, including a question of construction of a trust instrument.

(km) Releasing a trustee, directing party, trust protector, or other person acting in a fiduciary capacity from liability for an action relating to the trust.

(L) Determining any other matter involving a trustee, directing party, trust protector, or beneficiary.

(4) 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.

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Cite this article: FindLaw.com - Wisconsin Statutes Property (Ch. 700 to 710) § 701.0201. Role of court in administration of trust - last updated January 01, 2025 | https://codes.findlaw.com/wi/property-ch-700-to-710/wi-st-701-0201/

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