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121. 852.11 of the statutes is repealed and recreated to read: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:
AB645-ASA1,30,20
18853.05 Execution of wills outside the state or by nonresidents within
19this state. (1) A will is validly executed if it is in writing and any of the following
20applies:
AB645-ASA1,30,2121
(a) The will is executed according to s. 853.03.
AB645-ASA1,30,2322
(b) The will is executed in accordance with the law, at the time of execution or
23at the time of death, of any of the following:
AB645-ASA1,30,2424
1. The place where the will was executed.
AB645-ASA1,31,2
12. The place where the testator resided, was domiciled or was a national at the
2time of execution.
AB645-ASA1,31,43
3. The place where the testator resided, was domiciled or was a national at the
4time of death.
AB645-ASA1,31,6
5(2) Any will under sub. (1) (b) has the same effect as if executed in this state
6in compliance with s. 853.03.
AB645-ASA1,31,138
853.07
(2) A will is not Neither a will nor any of its provisions is invalidated
9because
it the will is signed by an interested witness
; but, unless the will is also
10signed by 2 disinterested witnesses, any beneficial provisions of the will for a witness
11or the spouse of the witness are invalid to the extent that such provisions in the
12aggregate exceed in value what the witness or spouse would have received had the
13testator died intestate. Valuation is to be made as of testator's death.
AB645-ASA1,31,1616
853.11
(1) (title)
Subsequent Revocation by writing or physical act.
AB645-ASA1, s. 134
17Section
134. 853.11 (1) (intro.) and (a) of the statutes are consolidated,
18renumbered 853.11 (1) (a) and amended to read:
AB645-ASA1,31,2219
853.11
(1) (a) A will is revoked in whole or in part by
: (a) A a subsequent will
,
20codicil or other instrument which that is executed in compliance with s. 853.03 or
21853.05 and
which that revokes the prior will or a part thereof expressly or by
22inconsistency
; or.
AB645-ASA1, s. 135
23Section
135. 853.11 (1) (b) of the statutes is renumbered 853.11 (1m) and
24amended to read:
AB645-ASA1,32,4
1853.11
(1m) (title)
Revocation by physical act. Burning A will is revoked in
2whole or in part by burning, tearing, canceling
or
, obliterating
or destroying the will,
3or part, with the intent to revoke, by the testator or by some person in the testator's
4conscious presence and by the testator's direction.
AB645-ASA1,32,86
853.11
(1) (bm) 1. A subsequent will wholly revokes the prior will if the testator
7intended the subsequent will to replace rather than supplement the prior will,
8regardless of whether the subsequent will expressly revokes the prior will.
AB645-ASA1,32,129
2. The testator is presumed to have intended a subsequent will to replace,
10rather than supplement, the prior will if the subsequent will completely disposes of
11the testator's estate. If this presumption arises and is not rebutted by clear and
12convincing evidence, the prior will is revoked.
AB645-ASA1,32,1713
3. The testator is presumed to have intended a subsequent will to supplement,
14rather than replace, the prior will if the subsequent will does not completely dispose
15of the testator's estate. If this presumption arises and is not rebutted by clear and
16convincing evidence, the subsequent will revokes the prior will only to the extent of
17any inconsistency.
AB645-ASA1, s. 137
18Section
137. 853.11 (2) of the statutes is repealed and recreated to read:
AB645-ASA1,32,2119
853.11
(2) Premarital will. (a)
Entitlement of surviving spouse. Subject to par.
20(c), if the testator married the surviving spouse after the testator executed his or her
21will, the surviving spouse is entitled to a share of the probate estate.
AB645-ASA1,32,2522
(b)
Value of share. The value of the share under par. (a) is the value of the share
23that the surviving spouse would have received had the testator died with an intestate
24estate equal to the value of the net estate of the decedent less the value of all of the
25following:
AB645-ASA1,33,3
11. All devises to or for the benefit of the testator's children who were born before
2the marriage to the surviving spouse and who are not also the children of the
3surviving spouse.
AB645-ASA1,33,44
2. All devises to or for the benefit of the issue of a child described in subd. 1.
AB645-ASA1,33,65
3. All devises that pass under s. 854.06, 854.07, 854.21 or 854.22 to or for the
6benefit of children described in subd. 1. or issue of those children.
AB645-ASA1,33,77
(c)
Exceptions. Paragraph (a) does not apply if any of the following applies:
AB645-ASA1,33,98
1. It appears from the will or other evidence that the will was made in
9contemplation of the testator's marriage to the surviving spouse.
AB645-ASA1,33,1210
2. It appears from the will or other evidence that the will is intended to be
11effective notwithstanding any subsequent marriage, or there is sufficient evidence
12that the testator considered revising the will after marriage but decided not to.
AB645-ASA1,33,1613
3. The testator provided for the spouse by transfer outside the will and the
14intent that the transfer be in lieu of a testamentary provision is shown by the
15testator's statements or is reasonably inferred from the amount of the transfer or
16other evidence.
