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Wis. Stat. § 701.1318

Removal or replacement of authorized fiduciary

Known as the Uniform Trust Decanting Act

The act spans §§ 701.1301 to 701.1327 (26 sections).

2023 a. 127.

(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).

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.