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AB645-ASA1, s. 165 2Section 165. 853.51 (2) of the statutes is repealed.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 of the statutes is repealed and recreated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).
AB645-ASA1,48,19 18(5) Exceptions. This section does not apply if any of the following conditions
19applies:
AB645-ASA1,48,2120 (a) The statute or governing instrument requires the individual to survive an
21event by a specified period.
AB645-ASA1,48,2322 (b) The statute or governing instrument indicates that the individual is not
23required to survive an event by any specified period.
AB645-ASA1,48,2524 (c) The statute or governing instrument deals with simultaneous deaths or
25deaths in a common disaster and the provision is relevant to the facts.
AB645-ASA1,49,3
1(d) The imposition of a 120-hour requirement would cause a nonvested
2property interest or a power of appointment to fail to be valid, or to be invalidated,
3under s. 700.16 or under the rule against perpetuities of the applicable jurisdiction.
AB645-ASA1,49,64 (e) The application of this section to more than one statute or governing
5instrument would result in an unintended failure or unintended duplication of a
6transfer.
AB645-ASA1,49,87 (f) The application of this section would result in the escheat of an intestate
8estate under s. 852.01 (3).
AB645-ASA1,49,11 9(6) Evidentiary standard. Unless the statute or governing instrument
10provides otherwise, proof that an individual survived the period required under
11subs. (1) to (4) must be by clear and convincing evidence.
AB645-ASA1,49,13 12(7) Extrinsic evidence. Extrinsic evidence may be used to construe a governing
13instrument affected by this section.
AB645-ASA1,49,20 14854.04 Representation; per stirpes; modified per stirpes; per capita at
15each generation; per capita. (1)
By representation or per stirpes. (a) Except
16as provided in subs. (5) and (6), if a statute or a governing instrument calls for
17property to be distributed to the issue or descendants of a designated person "by
18representation", "by right of representation" or "per stirpes", the property is divided
19into equal shares for the children of the designated person. Each surviving child and
20each deceased child who left surviving issue are allocated one share.
AB645-ASA1,49,2321 (b) The share of each deceased child allocated a share under par. (a) is divided
22among that person's issue in the same manner as under par. (a), repeating until the
23property is fully allocated among surviving issue.
AB645-ASA1,50,4 24(2) Modified per stirpes. (a) Except as provided in subs. (5) and (6), if a statute
25or a governing instrument calls for property to be distributed to the issue or

1descendants of a designated person by "modified per stirpes", the property is divided
2into equal shares at the generation nearest to the designated person that contains
3one or more surviving issue. Each survivor and each deceased person in that same
4generation who left surviving issue are allocated one share.
AB645-ASA1,50,75 (b) The share of each deceased person allocated a share in par. (a) is divided
6among that person's issue in the same manner as under par. (a), repeating until the
7property is fully allocated.
AB645-ASA1,50,14 8(3) Per capita at each generation. (a) Except as provided in subs. (5) and (6),
9if a statute or a governing instrument calls for property to be distributed to the issue
10or descendants of a designated person "per capita at each generation", the property
11is divided into equal shares at the generation nearest to the designated person that
12contains one or more surviving issue. Each survivor in that generation is allocated
13one share, and the shares of the deceased persons in that same generation who left
14surviving issue are combined for distribution under par. (b).
AB645-ASA1,50,1815 (b) The combined share created under par. (a) is divided among the surviving
16issue of the persons whose shares were combined in the same manner as under par.
17(a), as though all of those issue were the issue of one person. The process is repeated
18until the property is fully allocated.
AB645-ASA1,50,22 19(4) Per capita. Except as provided in sub. (6), if a statute or governing
20instrument calls for property to be distributed to a group or class "per capita", the
21property is divided into as many shares as there are surviving members of the group
22or class, and each member receives one share.
AB645-ASA1,50,24 23(5) Certain individuals disregarded. For the purposes of this section, all of the
24following apply:
AB645-ASA1,51,2
1(a) An individual who is deceased and who left no surviving issue is
2disregarded.
AB645-ASA1,51,43 (b) An individual who has a surviving ancestor who is an issue of the designated
4person is not entitled to a share.
AB645-ASA1,51,8 5(6) Contrary intent. This section does not apply if the transfer is made under
6a governing instrument and there is a finding of contrary intent of the person who
7executed the governing instrument. Extrinsic evidence may be used to construe that
8intent.
AB645-ASA1,51,10 9854.05 No exoneration of encumbered property. (1) Definitions. In this
10section:
AB645-ASA1,51,1111 (a) "Debt" includes accrued interest on the debt.
AB645-ASA1,51,1312 (b) "Encumbrance" includes mortgages, liens, pledges and other security
13agreements that are encumbrances on property.
AB645-ASA1,51,17 14(2) Generally. (a) Except as provided in sub. (5), all property that is
15specifically transferred by a governing instrument shall be assigned to the
16transferee without exoneration of a debt that is secured by an encumbrance on the
17property.
AB645-ASA1,51,2018 (b) If the debt that is secured by the encumbrance on the property is paid in
19whole or in part out of other assets, the specifically transferred property shall be
20assigned to the transferee only if any of the following applies:
AB645-ASA1,51,2221 1. The transferee contributes to the person or entity that held the assets that
22were used to pay the debt an amount equal to the amount that was paid.
AB645-ASA1,51,2423 2. The person or entity secures the amount described in subd. 1. through a new
24encumbrance on the property.
AB645-ASA1,52,6
1(3) Joint tenancy; survivorship marital property. Except as provided in sub.
2(5), if all or part of a debt that is secured by an encumbrance on property in which
3the decedent at the time of death had an interest as a joint tenant or as a holder of
4survivorship marital property is paid out of other assets as the result of a claim being
5allowed, the person or entity that makes the payment is subrogated to all rights that
6the claimant had against the property.
AB645-ASA1,52,11 7(4) Insurance. Except as provided in sub. (5), if all or part of a debt that is
8secured by an encumbrance on the proceeds payable under a life insurance policy in
9which the decedent was the named insured is paid out of other assets as the result
10of a claim being allowed, the person or entity that makes the payment is subrogated
11to all rights that the claimant had against the proceeds.
AB645-ASA1,52,15 12(5) Contrary intent. This section does not apply to the extent that a governing
13instrument, either expressly or as construed from extrinsic evidence, provides
14otherwise. A general directive to pay debts does not give rise to a presumption of
15exoneration.
AB645-ASA1,52,16 16854.06 Predeceased transferee. (1) Definitions. In this section:
AB645-ASA1,52,1717 (a) "Provision in a governing instrument" includes all of the following:
AB645-ASA1,52,1918 1. A gift to an individual whether or not the individual is alive at the time of
19the execution of the instrument.
AB645-ASA1,52,2120 2. A share in a class gift only if a member of the class dies after the execution
21of the instrument.
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