701.1105 Notice to beneficiaries of proposed action.

(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 ch. 879, except that notice by publication is not required.

(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.

History: 2013 a. 92 ss. 219 to 223, 225 to 230.