701.1005 Limitation of action against trustee. (1) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the earlier of either the date on which the beneficiary or a representative of the beneficiary waived the right to a report under s. 701.0813 (4) or the date on which the beneficiary or a representative of the beneficiary was sent a report or other record that adequately disclosed the existence of a potential claim for breach of trust.(2) A report or other record adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.(3) If sub. (1) does not apply, a proceeding by a beneficiary against a trustee for breach of trust must be commenced within 5 years after the first to occur of the following:(a) The removal, resignation, or death of the trustee.(b) The termination of the beneficiary’s interest in the trust.(c) The termination of the trust.(4) Subsections (1) and (3) do not apply to a claim for fraud. al, resignation, or death of the trustee.(b) The termination of the beneficiary’s interest in the trust.(c) The termination of the trust.(4) Subsections (1) and (3) do not apply to a claim for fraud. The time for asserting a claim for fraud is governed by applicable law.History: 2013 a. 92; 2023 a. 127.
Wisconsin Legal Code