2010 Wisconsin Code
Chapter 701. Trusts.
701.15 Representation of others.

701.15

701.15 Representation of others. Except as otherwise provided in ss. 701.12 and 701.13 (1), in a trust proceeding in the circuit court:

701.15(1)

(1) Power to create or extinguish. The sole holder or all coholders of a power of revocation or a general power of appointment as defined in s. 702.01 (3) may represent any or all persons whose interests are subject to such power.

701.15(2)

(2) Guardian ad litem; virtual representation. Subject to sub. (1), the court may appoint a guardian ad litem for any person interested who is legally incapacitated, unascertained or unborn if such person is not already represented by a fiduciary having no adverse interest in the proceeding. A guardian ad litem may represent 2 or more such persons where they have a substantially identical interest in the proceeding. The court may dispense with or terminate the appointment of a guardian ad litem for such person if there is a legally competent person who is a party to the proceeding and has a substantially identical interest in it.

701.15 - ANNOT.

History: 1971 c. 66; 1977 c. 449; 1983 a. 189 s. 329 (26).

701.15 - ANNOT.

The decision to appoint a guardian ad litem under sub. (2) is discretionary. McGuire v. McGuire, 2003 WI App 44, 260 Wis. 2d 815, 660 N.W.2d 308, 02-0390.