701.0204 Venue.
(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.
(2) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in any of the following:
(a) A county of this state in which a beneficiary resides.
(b) A county of this state in which any trust property is located.
(c) A county of this state in which the holder of trust property maintains an office.
(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.
(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.
History: 2013 a. 92.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
701.0105 - Default and mandatory rules.
701.0106 - Common law of trusts; principles of equity.
701.0108 - Principal place of administration.
701.0109 - Methods and waiver of notice.
701.0110 - Others treated as qualified beneficiaries.
701.0111 - Nonjudicial settlement agreements.
701.0201 - Role of court in administration of trust.
701.0202 - Personal jurisdiction.
701.0203 - Subject matter jurisdiction.
701.0206 - Attorney for person in military service.
701.0301 - Representation: basic effect.
701.0302 - Representation by holder of general power of appointment.
701.0303 - Representation by fiduciaries, parents, or a person appointed by a trustee.
701.0304 - Representation by person having substantially identical interest.
701.0305 - Appointment of representative by a court.
701.0401 - Methods of creating a trust.
701.0402 - Requirements for creation.
701.0403 - Trusts created in other jurisdictions.
701.0405 - Charitable purposes; enforcement.
701.0406 - Creation of trust induced by fraud, duress, or undue influence.
701.0407 - Evidence of oral trust.
701.0408 - Trust for care of animal.
701.0409 - Noncharitable trust without ascertainable beneficiary.
701.0410 - Modification or termination of trust; proceedings for approval or disapproval.
701.0411 - Modification or termination of noncharitable irrevocable trust by consent.
701.0414 - Modification or termination of uneconomic trust.
701.0415 - Reformation to correct mistakes.
701.0416 - Modification to achieve settlor's tax objectives.
701.0417 - Combination and division of trusts.
701.0418 - Trustee's power to appoint assets to new trust.
701.0419 - Transfers to trusts.
701.0501 - Rights of beneficiary's creditor or assignee.
701.0502 - Spendthrift provision.
701.0503 - Exceptions to spendthrift provision.
701.0504 - Discretionary trusts; effect of standard.
701.0505 - Creditor's claim against settlor.
701.0506 - Overdue distribution.
701.0507 - Personal obligations of trustee.
701.0508 - Debts of decedents.
701.0601 - Capacity of settlor of revocable trust.
701.0602 - Revocation or amendment of revocable trust.
701.0603 - Settlor's powers; powers of withdrawal.
701.0701 - Accepting or declining trusteeship.
701.0704 - Vacancy in trusteeship; appointment of successor.
701.0705 - Resignation of trustee.
701.0706 - Removal of trustee.
701.0707 - Delivery of property by former trustee.
701.0708 - Compensation of trustee.
701.0709 - Reimbursement of expenses.
701.0710 - Title of trust property.
701.0801 - Duty to administer trust.
701.0804 - Prudent administration.
701.0805 - Costs of administration.
701.0807 - Delegation by trustee.
701.0808 - Powers to direct; directing parties.
701.0809 - Control and protection of trust property.
701.0810 - Record keeping and identification of trust property.
701.0811 - Enforcement and defense of claims.
701.0812 - Collecting trust property; duties of successor trustees.
701.0813 - Duty to inform and report.
701.0814 - Discretionary powers; tax savings.
701.0815 - General powers of trustee.
701.0816 - Specific powers of trustee.
701.0817 - Distribution upon termination.
701.0819 - Marital deduction transfers.
701.0901 - Application of the Wisconsin Prudent Investor Act.
701.0902 - Directed trust property.
701.0903 - Nonapplication of prudent investor rule to life insurance contracts owned by trusts.
701.1001 - Remedies for breach of trust.
701.1002 - Damages for breach of trust; liability of successor trustee.
701.1003 - Damages in absence of breach.
701.1004 - Attorney fees and costs.
701.1005 - Limitation of action against trustee.
701.1006 - Reliance on trust instrument.
701.1007 - Event affecting administration or distribution.
701.1008 - Exculpation of trustee.
701.1009 - Beneficiary's consent, release, or ratification.
701.1010 - Limitation on personal liability of trustee.
701.1011 - Interest as general partner.
701.1012 - Protection of person dealing with trustee.
701.1013 - Certification of trust.
701.1101 - Short title and scope.
701.1103 - Fiduciary duties; general principles.
701.1104 - Trustee's power to adjust.
701.1105 - Notice to beneficiaries of proposed action.
701.1106 - Conversion to unitrust.
701.1108 - Power to treat capital gains as part of a distribution.
701.1109 - Judicial review of discretionary power.
701.1110 - Determination and distribution of net income.
701.1111 - Distribution to residuary and remainder beneficiaries.
701.1112 - When right to income begins and ends.
701.1113 - Apportionment of receipts and disbursements when decedent dies or income interest begins.
701.1114 - Apportionment when income interest ends.
701.1115 - Character of receipts.
701.1116 - Distribution from trust or estate.
701.1117 - Business and other activities conducted by trustee.
701.1118 - Principal receipts.
701.1120 - Obligation to pay money.
701.1121 - Insurance policies and similar contracts.
701.1122 - Insubstantial allocations not required.
701.1123 - Deferred compensation, annuities, and similar payments.
701.1125 - Minerals, water, and other natural resources.
701.1127 - Property not productive of income.
701.1128 - Derivatives and options.
701.1129 - Asset-backed securities.
701.1130 - Disbursements from income.
701.1131 - Disbursements from principal.
701.1132 - Transfers from income to principal for depreciation.
701.1133 - Transfers from income to reimburse principal.
701.1135 - Adjustments between principal and income because of taxes.
701.1136 - Income payments and accumulations.
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.