Wisconsin § 701.1318 Removal or replacement of authorized fiduciary.

Wisconsin Statutes

§ 701.1318 — Removal or replacement of authorized fiduciary.

Wisconsin § 701.1318

Ch. 701Trusts

Subch.subch. XIII of ch. 701 SUBCHAPTER XIII

UNIFORM TRUST DECANTING ACT

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Bluebook

Wis. Stat. § 701.1318 (2026).

Text

1318
1318(1) (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:
1318(1)(a) (a) The person holding the power consents to the modification in a signed record and the modification applies only to the person.
1318(1)(b) (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.
1318(1)(c) (c) The court approves the modification and the modification grants a substantially similar power to another person.
1318(2) (2) This section does not apply to a decanting from 

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701.1318
701.1318(1) (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:
701.1318(1)(a) (a) The person holding the power consents to the modification in a signed record and the modification applies only to the person.
701.1318(1)(b) (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.
701.1318(1)(c) (c) The court approves the modification and the modification grants a substantially similar power to another person.
701.1318(2) (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).