AB645-ASA1,24,76
852.01
(2) Survivorship requirement. Survivorship under sub. (1) is
7determined as provided in s. 854.03.
AB645-ASA1, s. 109
8Section
109. 852.01 (2m) of the statutes is repealed and recreated to read:
AB645-ASA1,24,109
852.01
(2m) Heir who kills decedent. If a person under sub. (1) killed the
10decedent, the inheritance rights of that person are governed by s. 854.14.
AB645-ASA1, s. 110
11Section
110. 852.03 (1) of the statutes is repealed and recreated to read:
AB645-ASA1,24,1312
852.03
(1) Per stirpes. If per stirpes distribution is called for under s. 852.01
13(1) (b), (d) or (f), the rules under s. 854.04 apply.
AB645-ASA1, s. 112
15Section
112. 852.03 (3) of the statutes is repealed and recreated to read:
AB645-ASA1,24,1716
852.03
(3) Relatives of the half blood. Inheritance rights of relatives of the
17half blood are governed by s. 854.21 (4).
AB645-ASA1, s. 113
18Section
113. 852.03 (4) of the statutes is repealed and recreated to read:
AB645-ASA1,24,2019
852.03
(4) Posthumous heirs. Inheritance rights of a person specified in s.
20852.01 (1) who was born after the death of the decedent are governed by s. 854.21 (5).
AB645-ASA1,24,2322
852.03
(5) Related through 2 lines. Inheritance rights of a person who is
23related to the decedent through 2 lines of relationship are governed by s. 854.21 (6).
AB645-ASA1,25,2
24(6) Taking through or by alien. No person is disqualified from taking as an
25heir because the person or a person through whom he or she claims is not or at some
1time was not a U.S. citizen. The rights of an alien to acquire or hold land in the state
2are governed by ss. 710.01 to 710.03.
AB645-ASA1, s. 115
3Section
115. 852.05 (1) of the statutes is renumbered 852.05 (1) (intro.) and
4amended to read:
AB645-ASA1,25,75
852.05
(1) (intro.) A nonmarital child or the child's issue is entitled to take in
6the same manner as a marital child by intestate succession from and through his or
7her mother, and from and through his or her father if
the any of the following applies:
AB645-ASA1,25,10
8(a) The father has
either been adjudicated to be the father in a paternity
9proceeding under ch. 767
, or
by final order or judgment of a court of competent
10jurisdiction in another state.
AB645-ASA1,25,11
11(b) The father has admitted in open court that he is the father
, or.
AB645-ASA1,25,13
12(c) The father has acknowledged himself to be the father in writing signed by
13him.
AB645-ASA1,25,1815
852.05
(2) Property of a nonmarital child passes in accordance with s. 852.01
16except that the father or the father's kindred can inherit only if the father has been
17adjudicated to be the father in a paternity proceeding under ch. 767
or by final order
18or judgment of a court of competent jurisdiction in another state.
AB645-ASA1,25,2220
852.05
(3) This section does not apply to a child who becomes a marital child
21by the subsequent marriage of the child's parents under s. 767.60. The status of a
22nonmarital child who is legally adopted is governed by s.
851.51 854.20.
AB645-ASA1,25,2424
852.05
(4) Section 895.01 (1) applies to paternity proceedings under ch. 767.
AB645-ASA1, s. 119
25Section
119. 852.09 of the statutes is repealed and recreated to read:
AB645-ASA1,26,3
1852.09 Assignment of home to surviving spouse. If the intestate estate
2includes an interest in a home, assignment of that interest to the surviving spouse
3is governed by s. 861.21.
AB645-ASA1,26,7
5852.10 Disinheritance from intestate share. (1) A decedent's will may
6exclude or limit the right of an individual or class to succeed to property passing by
7intestate succession.
AB645-ASA1,26,10
8(2) The share of the intestate estate that would have passed to the individual
9or class described in sub. (1) passes as if the individual or each member of the class
10had disclaimed his or her intestate share under s. 854.13.
AB645-ASA1,26,12
11(3) This section does not apply if the individual or all members of the class
12described in sub. (1) predecease the testator.
AB645-ASA1, s. 121
13Section
121. 852.11 of the statutes is repealed and recreated to read:
AB645-ASA1,26,15
14852.11 Advancement. The effect of a lifetime gift by the decedent on the
15intestate share of an heir is governed by s. 854.09.
AB645-ASA1,26,21
17852.12 Debts to decedent. If an heir owes a debt to the decedent, the debt
18shall be charged against the intestate share of the debtor, regardless of whether the
19debt has been discharged in bankruptcy. If the debtor fails to survive the decedent,
20the debt shall not be taken into account in computing the intestate shares of the
21debtor's issue.
AB645-ASA1,26,25
23852.13 Right to disclaim intestate share. Any person to whom property
24would otherwise pass under s. 852.01 may disclaim all or part of the property as
25provided under s.
853.40 854.13.
AB645-ASA1, s. 124
1Section
124. Subchapter I (title) of chapter 853 [precedes 853.01] of the
2statutes is created to read:
AB645-ASA1,27,54
Subchapter I
5
General rules
AB645-ASA1,27,8
7853.03 Execution of wills. (intro.) Every will in order to be validly executed
8must be in writing and executed with
all of the following formalities:
AB645-ASA1,27,1410
853.03
(1) It must be signed by the testator,
by the testator with the assistance
11of another person with the testator's consent or in the testator's name by
one of the
12witnesses or some other another person at the testator's
express direction and in the
13testator's
conscious presence
, such a proxy signing either to take place or to be
14acknowledged by the testator in the presence of the witnesses; and
.
AB645-ASA1, s. 127
15Section
127
. 853.03 (2) of the statutes is renumbered 853.03 (2) (intro.) and
16amended to read:
AB645-ASA1,27,1917
853.03
(2) (intro.) It must be signed by 2 or more witnesses
in the presence of
18the testator and in the presence of each other., each of whom signed within a
19reasonable time after witnessing any of the following:
AB645-ASA1, s. 128
20Section
128. 853.03 (2) (a), (b) and (c) of the statutes are created to read:
AB645-ASA1,27,2121
853.03
(2) (a) The signing of the will as provided under sub. (1).
AB645-ASA1,27,2322
(b) The testator's implicit or explicit acknowledgement of the testator's
23signature on the will, within the conscious presence of each of the witnesses.
AB645-ASA1,27,2524
(c) The testator's implicit or explicit acknowledgement of the will, within the
25conscious presence of each of the witnesses.
AB645-ASA1,28,7
2853.04 Self-proved will. (1) One-step procedure. A will may be
3simultaneously executed, attested and made self-proved by the affidavit of the
4testator and witnesses. The affidavit must be made before an officer authorized to
5administer oaths under the laws of the state in which execution occurs and must be
6evidenced by the officer's certificate, under official seal, in substantially the following
7form:
AB645-ASA1,28,98
(a) I, ...., the testator, sign my name to this instrument this .... day of ...., and
9being first duly sworn, declare to the undersigned authority all of the following:
AB645-ASA1,28,1010
1. I execute this instrument as my will.
AB645-ASA1,28,1111
2. I sign this will willingly, or willingly direct another to sign for me.
AB645-ASA1,28,1312
3. I execute this will as my free and voluntary act for the purposes expressed
13therein.
AB645-ASA1,28,1514
4. I am 18 years of age or older, of sound mind and under no constraint or undue
15influence.
AB645-ASA1,28,1616
Testator: ....
AB645-ASA1,28,1817
(b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this
18instrument and declare to the undersigned authority all of the following:
AB645-ASA1,28,1919
1. The testator executes this instrument as his or her will.
AB645-ASA1,28,2120
2. The testator signs it willingly, or willingly directs another to sign for him or
21her.
AB645-ASA1,28,2322
3. Each of us, in the conscious presence of the testator, signs this will as a
23witness.
AB645-ASA1,28,2524
4. To the best of our knowledge, the testator is 18 years of age or older, of sound
25mind and under no constraint or undue influence.
AB645-ASA1,29,1
1Witness: ....
AB645-ASA1,29,22
Witness: ....
AB645-ASA1,29,33
State of ....
AB645-ASA1,29,44
County of ....
AB645-ASA1,29,65
(c) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
6witnesses, this .... day of ...., .....
AB645-ASA1,29,88
(Signed): ....
AB645-ASA1,29,99
(Official capacity of officer): ....
AB645-ASA1,29,14
10(2) Two-step procedure. An attested will may be made self-proved at any time
11after its execution by the affidavit of the testator and witnesses. The affidavit must
12be made before an officer authorized to administer oaths under the laws of the state
13in which the affidavit occurs and must be evidenced by the officer's certificate, under
14official seal, attached or annexed to the will in substantially the following form:
AB645-ASA1,29,1515
State of ....
AB645-ASA1,29,1616
County of ....
AB645-ASA1,29,1917
(a) We, ...., ...., and ...., the testator and the witnesses whose names are signed
18to the foregoing instrument, being first duly sworn, do declare to the undersigned
19authority all of the following:
AB645-ASA1,29,2020
1. The testator executed the instrument as his or her will.
AB645-ASA1,29,2221
2. The testator signed willingly, or willingly directed another to sign for him or
22her.
AB645-ASA1,29,2323
3. The testator executed the will as a free and voluntary act.
AB645-ASA1,29,2524
4. Each of the witnesses, in the conscious presence of the testator, signed the
25will as witness.
AB645-ASA1,30,3
15. To the best of the knowledge of each witness, the testator was, at the time
2of execution, 18 years of age or older, of sound mind and under no constraint or undue
3influence.
AB645-ASA1,30,44
Testator: ....
AB645-ASA1,30,55
Witness: ....
AB645-ASA1,30,66
Witness: ....
AB645-ASA1,30,87
(b) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
8witnesses, this .... day of ...., .....
AB645-ASA1,30,1010
(Signed): ....
AB645-ASA1,30,1111
(Official capacity of officer): ....
AB645-ASA1,30,14
12(3) Effect of affidavit. (a) A signature affixed to a self-proving affidavit
13attached to a will is considered a signature affixed to the will, if necessary to prove
14the due execution of the will.
AB645-ASA1,30,1615
(b) Inclusion in a will of an affidavit in substantially the form under sub. (1)
16or (2) is conclusive evidence that the will was executed in compliance with s. 853.03.
AB645-ASA1, s. 130
17Section
130. 853.05 of the statutes is repealed and recreated to read:
