Wisconsin Statutes
Wis. Stat. § 701.1001 (2026)
Remedies for breach of trust
✓ current as of July 2026
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701.1001(1)(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
701.1001(2)(2) To remedy a breach of trust that has occurred or may occur, a court may do any of the following:
701.1001(2)(c)(c) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means.
701.1001(2)(e)(e) Appoint an additional trustee, a directing party, or a trust protector having the duties and authority ordered by the court, including, in the case of an additional trustee, the authority to take possession of the trust property and administer the trust.
701.1001(2)(i)(i) Subject to s. 701.1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and order recovery of the property or its proceeds.
701.1001(2)(j)(j) Order any other appropriate relief, whether provided elsewhere in this chapter, available at common law, or under equity principles.
Notes of Decisions
Cited in 6
cases (5 in the last 5 years), 2018–2025 · leading case: Cohen v. Minneapolis Jewish Fed'n, 346 F. Supp. 3d 1274 (W.D. Wis. 2018).
Cohen v. Minneapolis Jewish Fed'n, 346 F. Supp. 3d 1274 (W.D. Wis. 2018). “The court agrees that some of Kallina's fees were for work that might have been appropriately charged to the trust, such as advice on the trust's compliance with federal tax law.”
Jenny Lou Johnson v. Michael Mewis (Wis. Ct. App. 2025). “§ 701.1001(1) (2023-24) in three ways: (1) by failing to distribute all Trust assets by the 30-day deadline contained in the Agreement; (2) by failing to keep “adequate” records of Mewis’s administration of the Trust, as required by WIS.”
Gialamas v. Fiduciary Partners Trust Co. (Bankr. W.D. Wis. 2021). “17 (citing Wis. Stat. Ann. §§ 701.1001 (1), 701.0808(8); Restatement (Third) of Trusts § 94(1)(2012)).”
Daniel Noziska v. Robert Zimmerman (Wis. Ct. App. 2023). “” ¶12 In December 2019, the Noziskas filed with the circuit court a “petition for determination of breach of fiduciary duty and breach of trust and appointment of additional trustee.”
Kenneth Heiting v. United States, 16 F.4th 242 (7th Cir. 2021). “See Wis. Stat. § 701.1001 (2)(a)–(j). Given the range of potential remedies, including merely seeking damages from the trustee or suspending or removing the trustee, the statutory authority certainly does not establish an obligation for the trustee to repurchase the stock.”
Ida Pumpian v. William M. Hersch (Wis. Ct. App. 2021). “However, the probate court order from April 2019 provides no facts, reasoning, or law in support of its decision to dismiss counts one and two for breach of fiduciary duty. The record from the hearing does not provide the court’s reasoning for this decision.”
— Wis. Stat. § 701.1001(1) — 2 cases
Daniel Noziska v. Robert Zimmerman (Wis. Ct. App. 2023). “” ¶12 In December 2019, the Noziskas filed with the circuit court a “petition for determination of breach of fiduciary duty and breach of trust and appointment of additional trustee.”
Jenny Lou Johnson v. Michael Mewis (Wis. Ct. App. 2025). “§ 701.1001(1) (2023-24) in three ways: (1) by failing to distribute all Trust assets by the 30-day deadline contained in the Agreement; (2) by failing to keep “adequate” records of Mewis’s administration of the Trust, as required by WIS.”
— Wis. Stat. § 701.1001(2)(c) — 1 case
Cohen v. Minneapolis Jewish Fed'n, 346 F. Supp. 3d 1274 (W.D. Wis. 2018). “The court agrees that some of Kallina's fees were for work that might have been appropriately charged to the trust, such as advice on the trust's compliance with federal tax law.”
— Wis. Stat. § 701.1001(2)(h) — 1 case
Jenny Lou Johnson v. Michael Mewis (Wis. Ct. App. 2025). “§ 701.1001(1) (2023-24) in three ways: (1) by failing to distribute all Trust assets by the 30-day deadline contained in the Agreement; (2) by failing to keep “adequate” records of Mewis’s administration of the Trust, as required by WIS.”
— Wis. Stat. § 701.1001(2)(i) — 1 case
Cohen v. Minneapolis Jewish Fed'n, 346 F. Supp. 3d 1274 (W.D. Wis. 2018). “The court agrees that some of Kallina's fees were for work that might have been appropriately charged to the trust, such as advice on the trust's compliance with federal tax law.”
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