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).
AB645-ASA1,45,1212 Signature of Testator
AB645-ASA1,45,1413 STATEMENT OF WITNESSES (You must use two witnesses, who should be
14adults.)
AB645-ASA1,45,1815 I declare that the testator signed the will in front of me, acknowledged to me
16that this document was his or her will or acknowledged to me that the signature
17above is his or her signature. The testator appears to me to be of sound mind and
18not under undue influence.
AB645-ASA1,45,1919 Signature Residence Address:
AB645-ASA1,45,2020 Print Name
AB645-ASA1,45,2121 Here: Date Signed:
AB645-ASA1,45,2522 I declare that the testator signed the will in front of me, acknowledged to me
23that this document was his or her will or acknowledged to me that the signature
24above is his or her signature. The testator appears to me to be of sound mind and
25not under undue influence.
AB645-ASA1,46,1
1Signature Residence Address:
AB645-ASA1,46,22 Print Name
AB645-ASA1,46,33 Here: Date Signed:
AB645-ASA1, s. 173 4Section 173. 853.59 (form) (a) of the statutes is amended to read:
AB645-ASA1,46,95 853.59 (form) (a) TO MY SPOUSE IF LIVING; IF NOT LIVING, THEN IN
6ONE TRUST TO PROVIDE FOR THE SUPPORT AND EDUCATION OF MY
7CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILD BY RIGHT
8OF REPRESENTATION
UNTIL I HAVE NO LIVING CHILD UNDER 21 YEARS
9OF AGE.
AB645-ASA1, s. 174 10Section 174. 853.59 (form) (2) (a) of the statute is amended to read:
AB645-ASA1,46,2411 853.59 (form) (2) (a) As long as any child of mine under 21 years of age is living,
12the trustee shall distribute from time to time to or for the benefit of any one or more
13of my children and the descendants of any deceased child (the beneficiaries) by right
14of representation
of any age as much, or all, of the principal or net income of the trust
15or both, as the trustee deems necessary for their health, support, maintenance and
16education. Any undistributed income shall be accumulated and added to the
17principal. "Education" includes, but is not limited to, college, vocational and other
18studies after high school, and reasonably related living expenses. Consistent with
19the trustee's fiduciary duties, the trustee may distribute trust income or principal in
20equal or unequal shares and to any one or more of the beneficiaries to the exclusion
21of other beneficiaries. In deciding on distributions, the trustee may take into account
22the beneficiaries' other income, outside resources or sources of support, including the
23capacity for gainful employment of a beneficiary who has completed his or her
24education.
AB645-ASA1, s. 175 25Section 175. Chapter 854 of the statutes is created to read:
AB645-ASA1,47,3
1Chapter 854
2 transfers at death —
3 General rules
AB645-ASA1,47,10 4854.01 Definition. In this chapter, "governing instrument" means a will; a
5deed; a trust instrument; an insurance or annuity policy; a contract; a pension,
6profit-sharing, retirement or similar benefit plan; a marital property agreement
7under s. 766.58 (3) (f); a beneficiary designation under s. 40.02 (8) (a); an instrument
8under ch. 705; an instrument that creates or exercises a power of appointment or any
9other dispositive, appointive or nominative instrument that transfers property at
10death.
AB645-ASA1,47,12 11854.02 Scope. This chapter applies to all statutes and governing instruments
12that transfer property at death.
AB645-ASA1,47,18 13854.03 Requirement of survival by 120 hours. (1) Requirement of
14survival.
Except as provided in sub. (5), if property is transferred to an individual
15under a statute or under a provision in a governing instrument that requires the
16individual to survive an event and it is not established that the individual survived
17the event by at least 120 hours, the individual is considered to have predeceased the
18event.
AB645-ASA1,47,23 19(2) Coowners with right of survivorship. (a) In this subsection, "coowners
20with right of survivorship" includes joint tenants, owners of survivorship marital
21property and other coowners of property or accounts that are held under
22circumstances that entitle one or more persons to all of the property or account upon
23the death of one or more of the others.
AB645-ASA1,48,324 (b) Except as provided in sub. (5), if property is transferred under a governing
25instrument that establishes 2 or more coowners with survivorship, and if it is not

1established that at least one of the coowners survived the others by at least 120
2hours, the property is transferred to the coowners in proportion to their ownership
3interests.
AB645-ASA1,48,9 4(3) Marital property. Except as provided in subs. (4) and (5), if a husband and
5wife die leaving marital property and it is not established that one survived the other
6by at least 120 hours, 50% of the marital property shall be distributed as if it were
7the husband's individual property and the husband had survived, and 50% of the
8marital property shall be distributed as if it were the wife's individual property and
9the wife had survived.
AB645-ASA1,48,17 10(4) Life insurance. Except as provided in sub. (5), if the insured and the
11beneficiary under a policy of life or accident insurance have both died and it is not
12established that one survived the other by at least 120 hours, the proceeds of the
13policy shall be distributed as if the insured had survived the beneficiary. If the policy
14is the marital property of the insured and of the insured's spouse and there is no
15alternative beneficiary except the estate or the personal representative of the estate,
16the proceeds shall be distributed as marital property in the manner provided in sub.
17(3).
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