Wisconsin Statutes 701.0303 – Representation by fiduciaries, parents, or a person appointed by a trustee
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Except as provided in s. 701.0411, to the extent there is no conflict of interest between a representative and the person represented or among those being represented with respect to a particular question or dispute, all of the following apply:
Terms Used In Wisconsin Statutes 701.0303
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Decedent: A deceased person.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Personal representative: means a person, however denominated, who is authorized to administer a decedent's estate. See Wisconsin Statutes 990.01
- Trustee: A person or institution holding and administering property in trust.
(1) A conservator may represent and bind the estate that the conservator controls.
(2) Notwithstanding ss. 54.20 (2) and 54.25 (2), a guardian of the estate may represent and bind the ward and a guardian of the person may represent and bind the ward if a guardian of the estate of the ward has not been appointed.
(3) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal.
(4) A trustee may represent and bind the beneficiaries of the trust.
(5) A personal representative of a decedent‘s estate may represent and bind a person interested in the estate.
(6) A parent may represent and bind the parent’s minor or unborn child, such child’s minor and unborn issue, and the minor and unborn issue of a then deceased child. If a disagreement arises between parents seeking to represent the same individual, representation is determined as follows:
(a) If only one parent is a beneficiary of the trust that is the subject of the representation, that parent may represent and bind the minor or unborn child, such child’s minor and unborn issue, and the minor and unborn issue of a then deceased child.
(b) If both parents are beneficiaries of the trust that is the subject of the representation, the parent who is related to the settlor, other than by reason of being married to the other parent, may represent and bind the minor or unborn child, such child’s minor and unborn issue, and the minor and unborn issue of a then deceased child.
(c) Subject to s. 701.0301 (4), if neither parent is a beneficiary of the trust that is the subject of the representation, the parent who is the settlor of the trust that is the subject of the representation may represent and bind the minor or unborn child, such child’s minor and unborn issue, and the minor and unborn issue of a then deceased child.
(d) If neither parent is a beneficiary or settlor of the trust that is the subject of the representation, the parent who is related to the settlor, other than by reason of being married to the other parent, may represent and bind the minor or unborn child, such child’s minor and unborn issue, and the minor and unborn issue of a then deceased child.
(e) If an individual that is the subject of the representation is eligible to be represented by more than one ancestor under this subsection, the individual’s nearest ancestor may represent and bind such individual.
(7) The order in which the representatives are listed in subs. (1) to (6) sets forth the priority that each such representative has relative to the others.
(8) If there is no representation by a person having a substantially identical interest under s. 701.0304, the trustee may appoint a representative to act if any of the following applies:
(c) The trustee determines that the otherwise available representation under subs. (1) to (6) might be inadequate.