Wisconsin Statutes
Wis. Stat. § 701.1002 (2026)
Damages for breach of trust; liability of successor trustee
✓ current as of July 2026
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701.1002(1)(1) A trustee who commits a breach of trust is liable to an affected beneficiary for the greater of the following:
701.1002(1)(a)(a) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred.
701.1002(2)(2) Except as otherwise provided in this subsection, if more than one trustee is liable to a beneficiary for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiary. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
701.1002(3)(3) A successor trustee is not liable for the acts and omissions of a former trustee or for the acts or omissions of any directing party or trust protector that are taken before the appointment of the successor trustee.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2025–2026 · leading case: Ronald G. Adams v. Maurice A. Adams (Wis. Ct. App. 2026).
Ronald G. Adams v. Maurice A. Adams (Wis. Ct. App. 2026). “§ 701.1002 discussed above, they do not cite any specific statutory provision to support this assertion.”
Jenny Lou Johnson v. Michael Mewis (Wis. Ct. App. 2025). “§ 701.1002(1) (trustee who commits breach of trust “is liable to an affected beneficiary for the greater of” “[t]he amount required to restore the value” of trust property lost due to the breach and any profit the trustee made resulting from the breach).”
— Wis. Stat. § 701.1002(1) — 2 cases
Jenny Lou Johnson v. Michael Mewis (Wis. Ct. App. 2025). “§ 701.1002(1) (trustee who commits breach of trust “is liable to an affected beneficiary for the greater of” “[t]he amount required to restore the value” of trust property lost due to the breach and any profit the trustee made resulting from the breach).”
Ronald G. Adams v. Maurice A. Adams (Wis. Ct. App. 2026). “§ 701.1002 discussed above, they do not cite any specific statutory provision to support this assertion.”
— Wis. Stat. § 701.1002(1)(a) — 1 case
Ronald G. Adams v. Maurice A. Adams (Wis. Ct. App. 2026). “§ 701.1002 discussed above, they do not cite any specific statutory provision to support this assertion.”
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