Wisconsin Code § 701.1105

Notice to beneficiaries of proposed action
Open in Lexace · Ask the AI about this section
(1) A trustee may, but is not required to, obtain approval of a proposed action under s. 701.1104 (1) by providing a written notice
that complies with all of the following:
(a) Is given at least 30 days before the proposed effective date
of the proposed action.
(b) Is given in the manner provided in s. 701.0109.
(c) Is given to all qualified beneficiaries.
(d) States that it is given in accordance with this section and
discloses the following information:
1. The identification of the trustee.
2. A description of the proposed action.
3. The time within which a beneficiary may object to the proposed action, which shall be at least 30 days after the giving of
the notice.
4. The effective date of the proposed action if no objection is
received from any beneficiary within the time specified in subd.
3.
(2) If a trustee gives notice of a proposed action under this
section, the trustee is not required to give notice to a qualified
beneficiary who consents to the proposed action in writing at any
time before or after the proposed action is taken.
(3) A qualified beneficiary may object to the proposed action
by giving a written objection to the trustee within the time specified in the notice under sub. (1) (d) 3.
(4) A trustee may decide not to take a proposed action after
the trustee receives a written objection to the proposed action or
at any other time for any other reason. In that case, the trustee
shall give written notice to the qualified beneficiaries of the decision not to take the proposed action.
(5) If a trustee receives a written objection to a proposed action within the time specified in the notice under sub. (1) (d) 3.,
either the trustee or the qualified beneficiary making the written
objection may petition the court to have the proposed action approved, modified, or prohibited. In the court proceeding, the
qualified beneficiary objecting to the proposed action has the
burden of proving that the proposed action should be modified or
prohibited. A qualified beneficiary who did not make the written
objection may oppose the proposed action in the court
proceeding.
(6) For purposes of this section, a proposed action under s.
701.1104 includes a course of action or a decision not to take action under s. 701.1104.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.