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Current as of January 01, 2025 | Updated by Findlaw Staff
In this subchapter:
(1) “Authorized fiduciary” means any of the following:
(a) A trustee, a directing party, or another fiduciary, other than a settlor, that has discretion to distribute or direct a trustee to distribute part or all of the principal of the first trust to one or more current beneficiaries.
(b) A special fiduciary appointed under s. 701.1309.
(c) A special-needs fiduciary under s. 701.1313.
(d) A trust protector who has been granted a decanting power, which may be exercised in a fiduciary or nonfiduciary capacity, under s. 701.0818(2)(b)2. h.
(2) “Decanting power” means the power of an authorized fiduciary under this subchapter to distribute property of a first trust to one or more 2nd trusts or to modify the terms of the first trust.
(3) “Expanded distributive discretion” means a discretionary power of distribution that is not limited to an ascertainable standard or a reasonably definite standard.
(4) “First trust” means a trust over which an authorized fiduciary may exercise the decanting power.
(5) “First-trust instrument” means the trust instrument for a first trust.
(6) “Reasonably definite standard” means a clearly measurable standard under which a holder of a power of distribution is legally accountable within the meaning of section 674(b)(5)(A) of the Internal Revenue Code and any applicable regulations.
(7) “Second trust” means any of the following:
(a) A first trust after modification under this subchapter.
(b) A trust to which a distribution of property from a first trust is or may be made under this subchapter.
(8) “Second-trust instrument” means the trust instrument for a 2nd trust.
Cite this article: FindLaw.com - Wisconsin Statutes Property (Ch. 700 to 710) § 701.1302. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/wi/property-ch-700-to-710/wi-st-701-1302/
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