Special Needs Trust - Wisconsin
WISCONSIN THIRD-PARTY SPECIAL NEEDS TRUST
[TRUST NAME] — Wisconsin — [__/__/____]
Before you use this: This form is only for assets originally owned by someone other than the beneficiary or the beneficiary's spouse. Identify property actually transferred in Schedule A. Do not deposit beneficiary-owned or spouse-owned assets into this trust. Check the relevant public benefit programs' current treatment of the trust and proposed distributions before use. Titled property may require a separate deed, assignment or retitling.
1. Creation and property
I, [SETTLOR FULL NAME], of [ADDRESS], create the [TRUST NAME] Special Needs Trust by transferring the property identified in Schedule A to [TRUSTEE FULL NAME], of [ADDRESS], as trustee. The trustee acknowledges receipt and accepts the trust. The trustee shall hold later property effectively transferred by eligible third parties under these terms. Wisconsin law governs this trust.
The sole current beneficiary is [BENEFICIARY FULL NAME], of [ADDRESS]. The beneficiary is a person with a disability whose needs this trust is intended to supplement. The beneficiary is not the settlor and shall not serve as trustee. The trustee shall decline contributions traceable to assets originally owned by the beneficiary or the beneficiary's spouse, including assets diverted from either of them. This instrument is not a first-party or pooled trust.
2. Irrevocability and purpose
This trust is irrevocable. I reserve no unilateral power to revoke it or retrieve trust property, and the beneficiary has no power to revoke it, compel a distribution, direct the trustee's use of income or principal, or acquire trust assets. This provision does not preclude a lawful modification under applicable law.
The trustee shall administer the property for the beneficiary's supplemental needs during the beneficiary's life. The trustee may pay for goods, services, care, travel, education, therapies, housing and other items that benefit the beneficiary. Each payment is discretionary. The trustee may consider the effect of a payment on the beneficiary's public benefits, but may make a payment despite a reduction of benefits when the trustee judges the payment to be in the beneficiary's interests. The trustee shall keep records of payments and benefit advice received. No provision guarantees eligibility for any benefit.
3. Contributions and distributions
The trustee may accept additional third-party property only after identifying its source and determining that it can be held under this trust's terms. The trustee shall reject beneficiary-owned property and property of the beneficiary's spouse. A proposed gift by will, beneficiary designation or separate instrument must effectively transfer the property to the trustee; identifying it here alone is insufficient.
The trustee may distribute income or principal to providers, vendors, caregivers or other persons for the beneficiary's benefit, or to the beneficiary when the trustee determines that the payment is appropriate after considering its benefit consequences. The beneficiary has no right to demand cash or direct a payment. Undistributed income becomes principal at the end of each accounting year. The trustee shall not distribute trust property to the settlor during the beneficiary's life.
4. Trustee administration and succession
The trustee shall keep trust property separate from personal property, maintain records and administer the trust prudently under Wis. Stat. § 701.0804. The trustee may retain, invest, sell, lease, insure and manage trust property; employ advisers; pay proper trust expenses; and make distributions permitted here, subject to Wis. Stat. § 701.0815. The trustee shall give information and reports required by Wis. Stat. § 701.0813. The trustee may receive reasonable compensation under Wis. Stat. § 701.0708 and reimbursement of proper expenses from trust property.
The first successor trustee is [FULL NAME AND ADDRESS]. If that person cannot or will not serve, the next successor is [FULL NAME AND ADDRESS]. A successor shall sign an acceptance kept with the trust records. An outgoing trustee shall deliver property and records to the successor. A trustee may resign by giving the notices required by Wis. Stat. § 701.0705, or with court approval. If both named successors cannot serve, a vacancy shall be filled under Wis. Stat. § 701.0704. The beneficiary may not serve as a successor trustee under this instrument.
The beneficiary's interest may not be assigned or pledged and is subject to creditor claims only as applicable law permits, including Wis. Stat. § 701.0502. Nothing here excuses a breach of trust or categorically limits the trustee's personal liability for contracts or torts; Wis. Stat. §§ 701.1008 and 701.1010 govern those claims. A trustee or beneficiary proceeding about administration belongs in the circuit court assigned to exercise probate jurisdiction under Wis. Stat. § 701.0203; venue follows Wis. Stat. § 701.0204.
5. Termination and remainder
This trust terminates at the beneficiary's death or earlier exhaustion of its property. A modification or termination during the beneficiary's life must comply with Wis. Stat. § 701.0410(3), which protects trusts for individuals with disabilities. The trustee may first reserve proper administration expenses and satisfy enforceable trust obligations. The trustee shall distribute the remaining property outright under Schedule B. Each share goes to its named recipient if living at termination, otherwise to its alternate. If neither survives, that share is divided proportionately among the other surviving recipients or alternates. If none survives, the remainder goes to [FINAL CONTINGENT RECIPIENT FULL NAME AND ADDRESS]. The trustee may distribute cash or property in kind using fair values and shall provide a final accounting.
6. Signatures
I intend to create this irrevocable third-party trust and have delivered the initial property in Schedule A to the trustee.
Settlor signature: ______________________________ Date: [__/__/____]
Printed name: [SETTLOR FULL NAME]
I acknowledge receipt of the initial property and accept the trusteeship under these terms.
Trustee signature: ______________________________ Date: [__/__/____]
Printed name: [TRUSTEE FULL NAME]
Schedule A — initial trust property
| Identifiable property and original owner | Actual transfer method and date |
|---|---|
| [DESCRIPTION AND ORIGINAL THIRD-PARTY OWNER] | [DELIVERY / DEED / RETITLING; DATE] |
| [DESCRIPTION AND ORIGINAL THIRD-PARTY OWNER] | [METHOD; DATE] |
Schedule B — remainder at beneficiary's death
Remainder shares must total 100%.
| Remainder recipient (full name and address) | Share | Alternate (full name and address) |
|---|---|---|
| [NAME AND ADDRESS] | [__]% | [NAME AND ADDRESS] |
| [NAME AND ADDRESS] | [__]% | [NAME AND ADDRESS] |
| Total | 100% |
Final contingent recipient: [FULL NAME AND ADDRESS]
About this template
- Last updated
- October 21, 2026
- Citations checked
- October 21, 2026
- Jurisdiction
- Wisconsin
- Category
- Estate Planning & Wills
Legal authority
- Wis. Stat. § 701.0203
- Wis. Stat. § 701.0204
- Wis. Stat. § 701.0401
- Wis. Stat. § 701.0402
- Wis. Stat. § 701.0410(3)
- Wis. Stat. § 701.0502
- Wis. Stat. § 701.0704
- Wis. Stat. § 701.0705
- Wis. Stat. § 701.0708
- Wis. Stat. § 701.0804
- Wis. Stat. § 701.0813
- Wis. Stat. § 701.0815
- Wis. Stat. § 701.1008
- Wis. Stat. § 701.1010
- Wis. Stat. § 701.1313
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 21, 2026.
Wis. Stat. § 701.0203(1) (checked October 21, 2026): "The circuit court assigned to exercise probate jurisdiction has exclusive jurisdiction"
Wis. Stat. § 701.0204(1) (checked October 21, 2026): "venue for a judicial proceeding involving a trust may be in the county of this state in which the trust’s principal place of administration is or will be located"
Wis. Stat. § 701.0401(1) (checked October 21, 2026): "A transfer of property to another person as trustee during the settlor’s lifetime"
Wis. Stat. § 701.0402(1)(b) (checked October 21, 2026): "The settlor indicates an intention to create the trust"
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