§ 701.1001 — Remedies for breach of trust.

Wisconsin § 701.1001

• Jurisdiction: Wisconsin
• Ch. 701: Trusts
• Subch.: subch. X of ch. 701 SUBCHAPTER X

Text

701.1001
701.1001(1) (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
701.1001(2) (2) To remedy a breach of trust that has occurred or may occur, a court may do any of the following:
701.1001(2)(a) (a) Compel the trustee to perform the trustee’s duties.
701.1001(2)(b) (b) Enjoin the trustee from committing a breach of trust.
701.1001(2)(c) (c) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means.
701.1001(2)(d) (d) Order a trustee to account.
701.1001(2)(e) (e) Appoint an additional trustee, a directing party, or a trust protector having the duties and authority ordered by the court, including, in the case of an additional trustee, the authority to take possession of the trust property and administer the trust.
701.1001(2)(f) (f) Suspend the trustee.
701.1001(2)(g) (g) Remove the trustee as provided in s. 701.0706 .
701.1001(2)(h) (h) Reduce the compensation of or deny compensation to the trustee.
701.1001(2)(i) (i) Subject to s. 701.1012 , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and order recovery of the property or its proceeds.
701.1001(2)(j) (j) Order any other appropriate relief, whether provided elsewhere in this chapter, available at common law, or under equity principles.

Legislative History

701.1001 History History: 2013 a. 92 .