AB645-ASA1, s. 146 14Section 146. 853.19 of the statutes is repealed and recreated to read:
AB645-ASA1,36,16 15853.19 Advancement. The effect of a lifetime gift by the testator on the rights
16of a beneficiary under the will is governed by s. 854.09.
AB645-ASA1, s. 147 17Section 147. 853.25 (1) of the statutes is repealed and recreated to read:
AB645-ASA1,36,2118 853.25 (1) Children born or adopted after making of the will. (a)
19Applicability. Except as provided in sub. (5), if a will fails to provide for a child of the
20testator born or adopted after execution of the will, the child is entitled to a share of
21the estate unless any of the following applies:
AB645-ASA1,36,2322 1. It appears from the will or from other evidence that the omission was
23intentional.
AB645-ASA1,37,224 2. The testator provided for the omitted child by transfer outside the will and
25the intent that the transfer be in lieu of a testamentary provision is shown by the

1testator's statements or is reasonably inferred from the amount of the transfer or
2other evidence.
AB645-ASA1,37,103 (b) Share if testator had no living child at execution. Except as provided in sub.
4(5), if a will fails to provide for a child of the testator born or adopted after the
5execution of the will and the testator had no child living when he or she executed the
6will, the omitted child receives a share in the estate equal in value to that which the
7child would have received under ch. 852. This paragraph does not apply if the will
8devised all or substantially all of the estate to or for the benefit of the other parent
9of the omitted child and that other parent survives the testator and is entitled to take
10under the will.
AB645-ASA1,37,1511 (c) Share if testator had living child at execution. Except as provided in sub.
12(5), if a will fails to provide for a child of the testator born or adopted after the
13execution of the will and the testator had one or more children living when he or she
14executed the will and the will devised property to one or more of the then-living
15children, the omitted child is entitled to share in the testator's estate as follows:
AB645-ASA1,37,1716 1. The portion that the omitted child is entitled to share is limited to devises
17made to the testator's then-living children under the will.
AB645-ASA1,37,2118 2. The omitted child is entitled to receive the share of the testator's estate, as
19limited in subd. 1., that the child would have received had the testator included all
20omitted after-born and after-adopted children with the children to whom devises
21were made under the will and had given an equal share of the estate to each child.
AB645-ASA1,37,2422 3. To the extent feasible, the interest granted an omitted child under this
23section shall be of the same character, whether equitable or legal, present or future,
24as that devised to the testator's then-living children under the will.
AB645-ASA1,38,4
14. In satisfying a share provided by this paragraph, devises to the testator's
2children who were living when the will was executed abate ratably. In abating the
3devises of the then-living children, the court shall preserve to the maximum extent
4possible the character of the testamentary plan adopted by the testator.
AB645-ASA1,38,85 (d) Rights of issue. Except as provided in sub. (5), if a child entitled to a share
6under this section dies before the testator, and the child leaves issue who survive the
7testator, the issue who represent the deceased child are entitled to the deceased
8child's share.
AB645-ASA1, s. 148 9Section 148. 853.25 (2) of the statutes is amended to read:
AB645-ASA1,38,1910 853.25 (2) Living issue omitted by mistake. If Except as provided in sub. (5),
11if
clear and convincing evidence proves that by mistake or accident the testator failed
12to provide in the testator's will for a child living at the time of making of the will, or
13for the issue of any then deceased child, by mistake or accident, including the
14mistaken belief that the child or issue of a deceased child was dead at the time the
15will was executed,
the child or issue is entitled to receive a share in the estate of the
16testator equal in value to the share which the child or issue would have received if
17the testator had died intestate. But failure
, as provided under sub. (1), as if the child
18or issue was born or adopted after the execution of the will. Failure
to mention a child
19or issue in the will is not in itself evidence of mistake or accident.
AB645-ASA1, s. 149 20Section 149. 853.25 (4) of the statutes is amended to read:
AB645-ASA1,38,2321 853.25 (4) From what estate share is to be taken. Except as provided in sub.
22(5), the court shall in its final judgment assign the a share provided by this section
23under sub. (1) (b) as follows:
AB645-ASA1,38,2424 (a) From any First, from intestate property first;.
AB645-ASA1,39,7
1(b) The Any balance from each of the beneficiaries devise to a beneficiary under
2the will in proportion to the value of the estate each beneficiary would have received
3under the will as written, unless. If the obvious intention of the testator, shown by
4clear and convincing evidence,
in relation to some specific gift or other provision in
5the will would thereby be defeated, in which case by assignment of the share as
6provided in this paragraph,
the court may adopt a different apportionment and may
7exempt a specific gift devise or other provision.
AB645-ASA1, s. 150 8Section 150. 853.25 (5) of the statutes is amended to read:
AB645-ASA1,39,209 853.25 (5) Discretionary power of court to assign different share. If in any
10case under sub. (1) or (2) the court determines that the intestate share is in a larger
11different amount than or form from what the testator would have wanted to provide
12for the omitted child or issue of a deceased child, because it exceeds the value of a
13provision for another child or for issue of a deceased child under the will, or that
14assignment of the intestate share would unduly disrupt the testamentary scheme,

15the court may in its final judgment make such provision for the omitted child or issue
16out of the estate as it deems would best accord with the probable intent of the testator,
17such as assignment, outright or in trust, of any amount less than the intestate share
18but approximating the value of the interest of other issue, or modification of the
19provisions of a testamentary trust for other issue to include the omitted child or
20issue
.
AB645-ASA1, s. 151 21Section 151. 853.27 of the statutes is repealed and recreated to read:
AB645-ASA1,39,23 22853.27 Lapse. The rights under a will of a beneficiary who predeceases the
23testator are governed by s. 854.06.
AB645-ASA1, s. 152 24Section 152. 853.29 of the statutes is amended to read:
AB645-ASA1,40,4
1853.29 After-acquired property. A will is presumed to pass all property
2which that the testator owns at the testator's death and which that the testator has
3power to transmit transfer by will, including property acquired by the testator after
4the execution of the will or acquired by the testator's estate.
AB645-ASA1, s. 153 5Section 153. 853.32 of the statutes is created to read:
AB645-ASA1,40,8 6853.32 Effect of reference to another document. (1) Incorporation. A
7will may incorporate by reference another writing or document if all of the following
8apply:
AB645-ASA1,40,109 (a) The will, either expressly or as construed from extrinsic evidence, manifests
10an intent to incorporate the other writing or document.
AB645-ASA1,40,1111 (b) The other writing or document was in existence when the will was executed.
AB645-ASA1,40,1312 (c) The other writing or document is sufficiently described in the will to permit
13identification with reasonable certainty.
AB645-ASA1,40,1414 (d) The will was executed in compliance with s. 853.03 or 853.05.
AB645-ASA1,40,15 15(2) Disposition of tangible personal property.
AB645-ASA1,40,2416 (c) If the document described in par. (a) is not located by the personal
17representative, or delivered to the personal representative or circuit court with
18jurisdiction over the matter, within 30 days after the appointment of the personal
19representative, the personal representative may dispose of tangible personal
20property according to the provisions of the will as if no such document exists. If a
21valid document is located after some or all of the tangible personal property has been
22disposed of, the document controls the distribution of the property described in it, but
23the personal representative incurs no liability for the prior distribution or sale of the
24property, as long as the time specified in this paragraph has elapsed.
AB645-ASA1,41,2
1(d) The duties and liability of a person who has custody of a document described
2in par. (a), or information about such a document, are governed by s. 856.05.
AB645-ASA1,41,43 (e) Beneficiaries under a document that is described in par. (a) are not
4interested parties for purposes of s. 879.03.
AB645-ASA1,41,7 5(3) Transfers to living trusts. The validity and implementation of a will
6provision that purports to transfer or appoint property to a living trust are governed
7by s. 701.08.
AB645-ASA1, s. 154 8Section 154. 853.325 of the statutes is created to read:
AB645-ASA1,41,15 9853.325 Effect of reference to acts or events. A will may dispose of
10property by reference to acts or events that have significance apart from their effect
11on the disposition of property under the will and that do not occur solely for the
12purpose of determining the disposition of property under the will. Reference to the
13execution or revocation of another individual's will fulfills the requirements under
14this section. This section applies whether the acts or events occur before or after
15execution of the will or before or after the testator's death.
AB645-ASA1, s. 155 16Section 155. 853.33 of the statutes is repealed and recreated to read:
AB645-ASA1,41,18 17853.33 Gift of securities. Section 854.11 governs gifts of securities under a
18will.
AB645-ASA1, s. 156 19Section 156. 853.35 of the statutes is repealed and recreated to read:
AB645-ASA1,41,22 20853.35 Nonademption of specific gifts in certain instances. The rights
21of a beneficiary with respect to a specific gift that is destroyed, damaged, sold or
22condemned before the testator's death are governed by s. 854.08.
AB645-ASA1, s. 157 23Section 157. 853.40 of the statutes is repealed and recreated to read:
AB645-ASA1,41,25 24853.40 Disclaimer. A person to whom property would otherwise pass under
25a will may disclaim all or part of the property as provided in s. 854.13.
AB645-ASA1, s. 158
1Section 158. 853.41 of the statutes is created to read:
AB645-ASA1,42,4 2853.41 Applicability of general transfers at death provisions. Chapter
3854 applies to transfers under wills, including transfers under a Wisconsin basic will
4or basic will with trust.
AB645-ASA1, s. 159 5Section 159. Subchapter II (title) of chapter 853 [precedes 853.50] of the
6statutes is created to read:
AB645-ASA1,42,77 Chapter 853
AB645-ASA1,42,98 Subchapter II
9 Wisconsin basic wills
AB645-ASA1, s. 160 10Section 160. 853.50 (1) of the statutes is amended to read:
AB645-ASA1,42,1311 853.50 (1) "By right of representation" means that the issue of a deceased
12person inherit the share of an estate that their immediate ancestor would have
13inherited, if living
according to the method specified in s. 854.04 (1).
AB645-ASA1, s. 161 14Section 161. 853.50 (3) of the statutes is amended to read:
AB645-ASA1,42,1815 853.50 (3) "Issue" means children, grandchildren, great-grandchildren, and
16lineal descendants of more remote degrees, including those who occupy that relation
17by reason of adoption under s. 851.51 854.20 and nonmarital children who are not
18legitimate
and their lineal descendants to the extent provided by s. 852.05.
AB645-ASA1, s. 162 19Section 162. 853.51 (intro.) of the statutes is renumbered 853.51 (1) (intro.).
AB645-ASA1, s. 163 20Section 163. 853.51 (1) of the statutes is renumbered 853.51 (1) (a), and 853.51
21(1) (a) 1., as renumbered, is amended to read:
AB645-ASA1,42,2422 853.51 (1) (a) 1. Complete the blanks, boxes and lines according to
23substantially in accordance with the instructions. Any failure to comply with
24instructions described under s. 853.54 (3) does not affect the validity of the will.
AB645-ASA1, s. 164 25Section 164. 853.51 (1) (bc) of the statutes is created to read:
AB645-ASA1,43,1
1853.51 (1) (bc) The witnesses shall comply with s. 853.03 (2).
AB645-ASA1, s. 165 2Section 165. 853.51 (2) of the statutes is repealed.
AB645-ASA1, s. 166 3Section 166. 853.51 (2m) of the statutes is created to read:
AB645-ASA1,43,64 853.51 (2m) Any failure to comply with the instructions in a Wisconsin basic
5will or basic will with trust, other than the requirements for the testator's and
6witnesses' signatures, does not affect the validity of the will.
AB645-ASA1, s. 167 7Section 167. 853.55 (NOTICE) 6. of the statutes is amended to read:
AB645-ASA1,43,138 853.55 (NOTICE) 6. THE WITNESSES TO THIS WILL SHOULD NOT BE
9PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
10READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
11DESCRIBED AT THE END OF THIS WILL. ALL OF THE WITNESSES MUST
12WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
13NAME WITH YOU AND THE OTHER WITNESS PRESENT.
AB645-ASA1, s. 168 14Section 168. 853.55 (NOTICE) 9. of the statutes is amended to read:
AB645-ASA1,43,1615 853.55 (NOTICE) 9. THIS WILL TREATS ADOPTED CHILDREN AS IF
16THEY ARE NATURAL BIRTH CHILDREN.
AB645-ASA1, s. 169 17Section 169. 853.55 (Article 3) 3.3. of the statutes is repealed and recreated
18to read:
AB645-ASA1,43,1919 853.55 (Article 3) 3.3. BOND.
AB645-ASA1,43,2320 My signature in this box means I request that a bond, as set by law, be required
21for each individual personal representative or guardian named in this will. IF I DO
22NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED FOR
23ANY OF THOSE PERSONS.
AB645-ASA1,43,2525 I sign my name to this Wisconsin Basic Will on ....... (date), at ........ (city), ........ (state).
AB645-ASA1,44,1
1 Signature of Testator
AB645-ASA1,44,32 STATEMENT OF WITNESSES (You must use two witnesses, who should be
3adults.)
AB645-ASA1,44,74 I declare that the testator signed the will in front of me, acknowledged to me
5that this document was his or her will or acknowledged to me that the signature
6above is his or her signature. The testator appears to me to be of sound mind and
7not under undue influence.
AB645-ASA1,44,88 Signature Residence Address:
AB645-ASA1,44,99 Print Name
AB645-ASA1,44,1010 Here: Date Signed:
AB645-ASA1,44,1411 I declare that the testator signed the will in front of me, acknowledged to me
12that this document was his or her will or acknowledged to me that the signature
13above is his or her signature. The testator appears to me to be of sound mind and
14not under undue influence.
AB645-ASA1,44,1515 Signature Residence Address:
AB645-ASA1,44,1616 Print Name
AB645-ASA1,44,1717 Here: Date Signed:
AB645-ASA1, s. 170 18Section 170. 853.56 (NOTICE) 7. of the statutes is amended to read:
AB645-ASA1,44,2419 853.56 (NOTICE) 7. THE WITNESSES TO THIS WILL SHOULD NOT BE
20PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
21READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
22DESCRIBED AT THE END OF THIS WILL. ALL OF THE WITNESSES MUST
23WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
24NAME WITH YOU AND THE OTHER WITNESS PRESENT.
AB645-ASA1, s. 171 25Section 171. 853.56 (NOTICE) 9. of the statutes is amended to read:
AB645-ASA1,45,2
1853.56 (NOTICE) 9. THIS WILL TREATS ADOPTED CHILDREN AS IF
2THEY ARE NATURAL BIRTH CHILDREN.
AB645-ASA1, s. 172 3Section 172. 853.56 (Article 3) 3.4. of the statutes is repealed and recreated
4to read:
AB645-ASA1,45,55 853.56 (Article 3) 3.4. BOND.
AB645-ASA1,45,96 My signature in this box means I request that a bond, as set by law, be required
7for each individual personal representative, trustee or guardian named in this will.
8IF I DO NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED
9FOR ANY OF THOSE PERSONS.
AB645-ASA1,45,1111 I sign my name to this Wisconsin Basic Will With Trust on ... (date), at..(city),.. (state).
Loading...
Loading...