Chapter 853, WILLS
37 sections in this chapter.
Wis. Stat. § 853.01 Capacity to make or revoke a will
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853.01 Capacity to make or revoke a will. Any person of sound mind 18 years of age or older may make and revoke a will. When the proponent, a confidant of the decedent and the sole beneficiary, actively participated in the procurement, drafting, and execution of the will under hi…
Wis. Stat. § 853.03 Execution of wills
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853.03 Execution of wills. Every will in order to be validly executed must be in writing and executed with all of the following formalities: (1) It must be signed by the testator, by the testator with the assistance of another person with the testator’s consent or in the testator…
Wis. Stat. § 853.04 Self-proved will
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853.04 Self-proved will. (1) ONE-STEP PROCEDURE. A will may be simultaneously executed, attested and made selfproved by the affidavit of the testator and witnesses. The affidavit must be made before an officer authorized to administer oaths under the laws of the state in which ex…
Wis. Stat. § 853.05 Execution of wills outside the state or by nonresidents within this state
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853.05 Execution of wills outside the state or by nonresidents within this state. (1) A will is validly executed if it is in writing and any of the following applies: (a) The will is executed according to s. 853.03. (b) The will is executed in accordance with the law, at the time…
Wis. Stat. § 853.07 Witnesses
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853.07 Witnesses. (1) Any person who, at the time of execution of the will, would be competent to testify as a witness in court to the facts relating to execution may act as a witness to the will. Subsequent incompetency of a witness is not a ground for denial of probate if the e…
Wis. Stat. § 853.09 Deposit of will in circuit court during testator’s lifetime
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853.09 Deposit of will in circuit court during testator’s lifetime. (1) DEPOSIT OF WILL. Unless provided otherwise by county ordinance, any testator may deposit his or her will with the register in probate of the court of the county where he or she resides. The will shall be seal…
Wis. Stat. § 853.11 Revocation
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853.11 Revocation. (1) REVOCATION BY WRITING. (a) A will is revoked in whole or in part by a subsequent will that is executed in compliance with s. 853.03 or 853.05 and that revokes the prior will or a part thereof expressly or by inconsistency. (bm) 1. A subsequent will wholly r…
Wis. Stat. § 853.12 Premarital will or predomestic partnership will
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853.12 Premarital will or predomestic partnership will. (1) ENTITLEMENT OF SURVIVING SPOUSE OR SURVIVING DOMESTIC PARTNER. Subject to sub. (3), if the testator married the surviving spouse or recorded a domestic partnership under ch. 770 with the surviving domestic partner after …
Wis. Stat. § 853.13 Contracts
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853.13 Contracts. (1) A contract to make a will or devise, not to revoke a will or devise or to die intestate may be established only by any of the following: (a) Provisions of a will stating the material provisions of the contract. (b) An express reference in a will to a contrac…
Wis. Stat. § 853.15 Equitable election if will attempts to dispose of property belonging to beneficiary
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853.15 Equitable election if will attempts to dispose of property belonging to beneficiary. (1) NECESSITY FOR ELECTION. (a) Unless the will provides otherwise, this subsection applies if a will gives a devise to one beneficiary and also clearly purports to give to another benefic…
Wis. Stat. § 853.17 Effect of will provision changing beneficiary of life insurance or annuity
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853.17 Effect of will provision changing beneficiary of life insurance or annuity. (1) Any provision in a will which purports to name a different beneficiary of a life insurance or annuity contract than the beneficiary properly designated in accordance with the contract with the …
Wis. Stat. § 853.18 Designation of beneficiary, payee or owner
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853.18 Designation of beneficiary, payee or owner. (1) Except as otherwise provided in s. 853.15 or 853.17 (1) or ch. 766, none of the following is subject to or defeated or impaired by any statute or rule of law governing the transfer of property by will, gift, or intestacy, eve…
Wis. Stat. § 853.19 Advancement
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853.19 Advancement. The effect of a lifetime gift by the testator on the rights of a beneficiary under the will is governed by s. 854.09. History: 1993 a. 486; 1997 a. 188.
Wis. Stat. § 853.25 Unintentional failure to provide for issue of testator
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853.25 Unintentional failure to provide for issue of testator. (1) CHILDREN BORN OR ADOPTED AFTER MAKING OF THE WILL. (a) Applicability. Except as provided in sub. (5), if a will fails to provide for a child of the testator born or adopted after execution of the will, the child i…
Wis. Stat. § 853.27 Lapse
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853.27 Lapse. The rights under a will of a beneficiary who predeceases the testator are governed by s. 854.06. History: 1993 a. 486; 1997 a. 188. A will clause providing that if any beneficiary dies within 5 months of the testator, the deceased beneficiary’s share is to be treate…
Wis. Stat. § 853.29 After-acquired property
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853.29 After-acquired property. A will is presumed to pass all property that the testator owns at the testator’s death and that the testator has power to transfer by will, including property acquired by the testator after the execution of the will or acquired by the testator’s es…
Wis. Stat. § 853.31 Presumption that will passes all of testator’s interest in property
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853.31 Presumption that will passes all of testator’s interest in property. Any gift of property by will is presumed to pass all the estate or interest which the testator could lawfully will in the property unless it clearly appears by the will, interpreted in light of the surrou…
Wis. Stat. § 853.32 Effect of reference to another document
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853.32 Effect of reference to another document. (1) INCORPORATION. (am) A will may incorporate by reference another writing or document if all of the following apply: 1. The will, either expressly or as construed from extrinsic evidence, manifests an intent to incorporate the oth…
Wis. Stat. § 853.325 Effect of reference to acts or events
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853.325 Effect of reference to acts or events. A will may dispose of property by reference to acts or events that have significance apart from their effect on the disposition of property under the will and that do not occur solely for the purpose of determining the disposition of…
Wis. Stat. § 853.33 Gift of securities
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853.33 Gift of securities. Section 854.11 governs gifts of securities under a will. History: 1997 a. 188.
Wis. Stat. § 853.34 Transfers to testamentary trusts
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853.34 Transfers to testamentary trusts. (1) TESTAMENTARY TRANSFER TO TRUST OF ANOTHER. A transfer or appointment by will shall not be held invalid because it is made to a trust created, or to be created, under the will of another person if the will of such other person was execu…
Wis. Stat. § 853.35 Nonademption of specific gifts in certain instances
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853.35 Nonademption of specific gifts in certain instances. The rights of a beneficiary with respect to a specific gift that is destroyed, damaged, sold or condemned before the testator’s death are governed by s. 854.08. History: 1993 a. 486; 1997 a. 188.
Wis. Stat. § 853.40 Disclaimer
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853.40 Disclaimer. A person to whom property would otherwise pass under a will may disclaim all or part of the property as provided in s. 854.13. History: 1977 c. 309; 1983 a. 186; 1983 a. 189 s. 329 (26); 1985 a. 29, 37; 1987 a. 220; 1991 a. 39; 1997 a. 188. Unless barred by sta…
Wis. Stat. § 853.41 Applicability of general transfers at death provisions
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853.41 Applicability of general transfers at death provisions. Chapter 854 applies to transfers under wills, including transfers under a Wisconsin basic will or basic will with trust. History: 1997 a. 188. SUBCHAPTER II WISCONSIN BASIC WILLS
Wis. Stat. § 853.50 Definitions
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853.50 Definitions. In ss. 853.50 to 853.62: (1) “By right of representation” means according to the method specified in s. 854.04 (1). (2) “Children” includes all children whether born or adopted before or after a Wisconsin basic will or basic will with trust is executed. (3) “I…
Wis. Stat. § 853.51 Execution of will
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853.51 Execution of will. (1) The only method of executing a Wisconsin basic will or basic will with trust is for all of the following to occur: (a) The testator shall do all of the following: 1. Complete the blanks, boxes and lines substantially in accordance with the instructio…
Wis. Stat. § 853.52 Contents of wills
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853.52 Contents of wills. (1) There are 2 Wisconsin basic wills: the Wisconsin basic will and the Wisconsin basic will with trust. (2) The Wisconsin basic will includes all of the following: (a) The contents of the form for the Wisconsin basic will under s. 853.55. (b) The full t…
Wis. Stat. § 853.53 Selection of property disposition clause
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853.53 Selection of property disposition clause. If more than one property disposition clause is selected or if none is selected, the residuary property of a testator who signs a Wisconsin basic will or basic will with trust shall be distributed to the testator’s heirs as if the …
Wis. Stat. § 853.54 Revocation or revision
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853.54 Revocation or revision. (1) A Wisconsin basic will or a basic will with trust may be revoked and may be amended in the same manner as other wills. (2) Any additions to or deletions from the face of the form of the Wisconsin basic will or basic will with trust, other than i…
Wis. Stat. § 853.55 Wisconsin basic will
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853.55 Wisconsin basic will. The following is the form for the Wisconsin basic will:
Wis. Stat. § 853.56 Wisconsin basic will with trust
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853.56 Wisconsin basic will with trust. The following is the form for the Wisconsin basic will with trust:
Wis. Stat. § 853.57 Personal, recreational and household items
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853.57 Personal, recreational and household items. The following is the full text of paragraph 2.1 of the Wisconsin basic will and the basic will with trust: If my spouse survives me, I give my spouse all my books, jewelry, clothing, personal automobiles, recreational equipment, …
Wis. Stat. § 853.58 Residuary estate; basic will
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853.58 Residuary estate; basic will. The following is the full text of the property disposition clauses referred to in paragraph 2.3 of the Wisconsin basic will: (a) TO MY SPOUSE IF LIVING; IF NOT LIVING, THEN TO MY CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILD BY RIGHT OF R…
Wis. Stat. § 853.59 Residuary estate; basic will with trust
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853.59 Residuary estate; basic will with trust. The following is the full text of the property disposition clause referred to in paragraph 2.3 of the Wisconsin basic will with trust, except that if a different age is specified by the testator in the Wisconsin basic will with trus…
Wis. Stat. § 853.60 Mandatory clauses
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853.60 Mandatory clauses. The Wisconsin basic will and basic will with trust include the following mandatory clauses: (1) INTESTATE DISPOSITION. If the testator has not made an effective disposition of the residuary estate, the personal representative shall distribute it to the t…
Wis. Stat. § 853.61 Mandatory clauses; basic will with trust
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853.61 Mandatory clauses; basic will with trust. The Wisconsin basic will with trust includes the following mandatory clauses: (1) INEFFECTIVE DISPOSITION. If, at the termination of any trust created in the Wisconsin basic will with trust, there is no effective disposition of the…
Wis. Stat. § 853.62 Date of execution of will
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853.62 Date of execution of will. Except as specifically provided in ss. 853.50 to 853.61, a Wisconsin basic will or basic will with trust includes only the texts of the property disposition clauses and the mandatory clauses as they exist on the day the will is executed. History:…