Wisconsin Statutes
Wis. Stat. § 701.1005 (2026)
Limitation of action against trustee
✓ current as of July 2026
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701.1005(1)(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.
701.1005(2)(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.
701.1005(3)(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:
701.1005(4)(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.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2017–2023 · leading case: Cohen v. Minneapolis Jewish Fed'n, 286 F. Supp. 3d 949 (W.D. Wis. 2017).
Cohen v. Minneapolis Jewish Fed'n, 286 F. Supp. 3d 949 (W.D. Wis. 2017). “The Trustees include a line in their opposition brief that a claim for breach of fiduciary duty based on Fransen's appointment is untimely under the one-year limitations period for Wis. Stat. § 701.1005 (1), which applies to "a proceeding against a trustee for breach of trust.”
Cohen v. Minneapolis Jewish Fed'n, 346 F. Supp. 3d 1274 (W.D. Wis. 2018). “57 , which applies to intentional torts generally and has a three-year limitations period; and (2) Wis. Stat. § 701.1005 (1), which applies to claims against trustees in particular and has a one-year limitations period.”
Daniel Noziska v. Robert Zimmerman (Wis. Ct. App. 2023). “§ 701.1005 (2021-22).1 For the reasons that follow, we agree and affirm the court’s judgment in favor of Zimmerman.”
Stephanie Mueller v. Susan Krohn (Wis. Ct. App. 2019). “§ 701.1005, which provides that a claim must be brought within one year of the date the beneficiary “was sent a report that adequately 9 No.”
Wis. Stat. § 701.1005(1): 2 cases
Cohen v. Minneapolis Jewish Fed'n, 286 F. Supp. 3d 949 (W.D. Wis. 2017). “The Trustees include a line in their opposition brief that a claim for breach of fiduciary duty based on Fransen's appointment is untimely under the one-year limitations period for Wis. Stat. § 701.1005 (1), which applies to "a proceeding against a trustee for breach of trust.”
Daniel Noziska v. Robert Zimmerman (Wis. Ct. App. 2023). “§ 701.1005 (2021-22).1 For the reasons that follow, we agree and affirm the court’s judgment in favor of Zimmerman.”
Wis. Stat. § 701.1005(2): 1 case
Daniel Noziska v. Robert Zimmerman (Wis. Ct. App. 2023). “§ 701.1005 (2021-22).1 For the reasons that follow, we agree and affirm the court’s judgment in favor of Zimmerman.”
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