CHAPTER 853
WILLS
853.01 Capacity to make or revoke a will.
853.03 Execution of wills.
853.05 Execution of wills outside the state or by nonresidents within this state.
853.09 Deposit of will in circuit court during testator's lifetime.
853.13 When will is contractual.
853.15 Equitable election if will attempts to dispose of property belonging to beneficiary.
853.16 Effect of reference to another document.
853.17 Effect of will provision changing beneficiary of life insurance or annuity.
853.18 Designation of beneficiary, payee or owner.
853.19 Advancement in testate estate.
853.25 Unintentional failure to provide for issue of testator.
853.27 Rights of issue of beneficiary dying before testator (lapse).
853.29 After-acquired property.
853.31 Presumption that will passes all of testator's interest in property.
853.33 Gift of securities construed as specific.
853.35 Nonademption of specific gifts in certain cases.
853.40 Disclaimer of transfers by will, intestacy or appointment.
853.51 Execution of will.
853.52 Contents of wills.
853.53 Selection of property disposition clause.
853.54 Revocation or revision.
853.55 Wisconsin basic will.
853.56 Wisconsin basic will with trust.
853.57 Personal, recreational and household items.
853.58 Residuary estate; basic will.
853.59 Residuary estate; basic will with trust.
853.60 Mandatory clauses.
853.61 Mandatory clauses; basic will with trust.
853.62 Date of execution of will.
Ch. 853 Cross-reference
Cross-reference: See definitions in ch.
851.
853.01
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.
853.01 Annotation
The clause "in equal shares to the then living issue of donor's three daughter-beneficiaries in this trust, and/or the then living issue of any deceased issue of donor's three daughter-beneficiaries, by right of representation" requires distribution per capita among his grandchildren and by representation among their children. In re Bowler Trust, 56 W (2d) 171, 201 NW (2d) 573.
853.01 Annotation
Under a will leaving "my homestead which I occupy at the time of my death" to a son, the home in which testator lived when the will is executed should be awarded to the son even though testator became ill and was confined to a nursing home for a year prior to his death and the home was rented. Estate of Gotthart, 56 W (2d) 563, 202 NW (2d) 397.
853.01 Annotation
"Disposition to influence" element of 4-factor test of undue influence means willingness to do something wrong or unfair to obtain a share of estate. Mere fact that will benefits alleged influencer does not prove "coveted-result" element of test. Elements of testamentary capacity discussed. In Matter of Estate of Becker, 76 W (2d) 336, 251 NW (2d) 431.
853.01 Annotation
Two methods of proving undue influence discussed. In re Estate of Kamesar, 81 W (2d) 151, 259 NW (2d) 733.
853.01 Annotation
Undue influence discussed. In re Estate of Taylor, 81 W (2d) 687, 260 NW (2d) 803.
853.01 Annotation
Insane delusion as ground for objection to probate of will discussed. In re Estate of Evans, 83 W (2d) 259, 265 NW (2d) 529 (1978).
853.01 Annotation
Legal guardianship in and of itself does not prove lack of testamentary capacity. In Matter of Estate of Sorensen, 87 W (2d) 339, 274 NW (2d) 694 (1979).
853.01 Annotation
Parent-child relationships as "confidential relationship" discussed. In Matter of Estate of Sensenbrenner, 89 W (2d) 677, 278 NW (2d) 887 (1979).
853.03
853.03
Execution of wills. Every will in order to be validly executed must be in writing and executed with the following formalities:
853.03(1)
(1) It must be signed by the testator, or in the testator's name by one of the witnesses or some other person at the testator's express direction and in the testator's presence, such a proxy signing either to take place or to be acknowledged by the testator in the presence of the witnesses; and
853.03(2)
(2) It must be signed by 2 or more witnesses in the presence of the testator and in the presence of each other.
853.03 History
History: 1993 a. 486.
853.03 Annotation
The alternate requisite in sub. (1) that if not signed by the testator it be signed by some person in his presence and by his express direction, is not met by simply taking the testator's hand as an inanimate object and making his mark or signature where the testator fails or is unable to in any manner expressly authorize another to sign for him. (Will of Wilcox, 215 W 341, overruled.) Estate of Komarr, 46 W (2d) 230, 175 NW (2d) 473.
853.03 Annotation
See note to 895.045, citing Auric v. Continental Cas. Co. 111 W (2d) 507, 331 NW (2d) 325 (1983).
853.05
853.05
Execution of wills outside the state or by nonresidents within this state. A will is validly executed if it is in writing, executed according to
s. 853.03 or if it is in writing and executed in accordance with either of the following: (a) the law of the place where the will is executed; or (b) the law of the place where the testator is domiciled at the time of execution of the will. Any such will has the same effect as if executed in this state in compliance with
s. 853.03.
853.07(1)(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 execution of the will is otherwise satisfactorily proved.
853.07(2)
(2) A will is not invalidated because it is signed by an interested witness; but, unless the will is also signed by 2 disinterested witnesses, any beneficial provisions of the will for a witness or the spouse of the witness are invalid to the extent that such provisions in the aggregate exceed in value what the witness or spouse would have received had the testator died intestate. Valuation is to be made as of testator's death.
853.07(3)
(3) An attesting witness is interested only if the will gives to the witness or spouse some personal and beneficial interest. The following are not interests which are personal and beneficial:
853.07(3)(a)
(a) A provision for employment as executor or trustee or in some other capacity after death of the testator and a provision for compensation at a rate or in an amount not greater than that usual for the services to be performed;
853.07(3)(b)
(b) A provision which would have conferred no benefit if the testator had died immediately following execution of the will.
853.07 History
History: 1987 a. 403.
