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Wisconsin · Through 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 (published 9-4-26)

Wis. Stat. § 701.1318: Removal or replacement of authorized fiduciary.

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Where this section sits in the code
  1. Chs. 700-711, Property
  2. Chapter 701 Trusts
  3. SUBCHAPTER XIII UNIFORM TRUST DECANTING ACT

(1) An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless any of the following applies:

(a) The person holding the power consents to the modification in a signed record and the modification applies only to the person.

(b) The person holding the power and the qualified beneficiaries of the 2nd trust consent to the modification in a signed record and the modification grants a substantially similar power to another person.

(c) The court approves the modification and the modification grants a substantially similar power to another person.

(2) This section does not apply to a decanting from a first trust that is a pooled trust described in 42 USC 1396p (d) (4) (C), or to a decanting to a 2nd trust that is a pooled trust described in 42 USC 1396p (d) (4) (C).

Collected 2026-09-05T12:01:34Z. Source file · JSON

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