AB645: Bill Text

AB645, s. 127 Section 127. 853.03 (2) (a), (b) and (c) of the statutes are created to read:

AB645,29,7 853.03 (2) (a) The signing of the will as provided under sub. (1).

AB645,29,9 (b) The testator's implicit or explicit acknowledgement, within the witness' conscious presence, of the testator's signature on the will.

AB645,29,11 (c) The testator's implicit or explicit acknowledgement, within the witness' conscious presence, of the will.

AB645, s. 128 Section 128. 853.04 of the statutes is created to read:

AB645,29,18 853.04 Self-proved will. (1) One-step procedure. A will may be simultaneously executed, attested and made self-proved by acknowledgment by the testator and affidavits of the witnesses. The acknowledgment and affidavits must be made before an officer authorized to administer oaths under the laws of the state in which execution occurs and must be evidenced by the officer's certificate, under official seal, in substantially the following form:

AB645,29,20 (a) I, ...., the testator, sign my name to this instrument this .... day of ...., and being first duly sworn, declare to the undersigned authority all of the following:

AB645,29,21 1. I sign and execute this instrument as my will.

AB645,29,22 2. I sign this will willingly (or willingly direct another to sign for me).

AB645,29,24 3. I execute this will as my free and voluntary act for the purposes expressed therein.

AB645,30,2 4. I am 18 years of age or older, of sound mind and under no constraint or undue influence.

AB645,30,3 Testator: ....

AB645,30,5 (b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this instrument and declare to the undersigned authority all of the following:

AB645,30,6 1. The testator signs and executes this instrument as his or her will.

AB645,30,8 2. The testator signs it willingly (or willingly directs another to sign for him or her).

AB645,30,10 3. Each of us, in the conscious presence of the testator, hereby signs this will as witness.

AB645,30,12 4. To the best of our knowledge, the testator is 18 years of age or older, of sound mind and under no constraint or undue influence.

AB645,30,13 Witness: ....

AB645,30,14 Witness: ....

AB645,30,15 State of ....

AB645,30,16 County of ....

AB645,30,18 (c) Subscribed, sworn to and acknowledged before me by ...., the testator, and subscribed and sworn before me by ...., and ...., witnesses, this .... day of ...., .....

AB645,30,19 (Seal) ....

AB645,30,20 (Signed): ....

AB645,30,21 (Official capacity of officer): ....

AB645,31,2 (2) Two-step procedure. An attested will may be made self-proved at any time after its execution by the acknowledgment by the testator and the affidavits of the witnesses. The acknowledgment and affidavit must be made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and must be evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form:

AB645,31,3 State of ....

AB645,31,4 County of ....

AB645,31,7 (a) We, ...., ...., and ...., the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority all of the following:

AB645,31,8 1. The testator signed and executed the instrument as his or her will.

AB645,31,10 2. The testator signed willingly (or willingly directed another to sign for him or her).

AB645,31,11 3. The testator executed the will as a free and voluntary act.

AB645,31,13 4. Each of the witnesses, in the conscious presence of the testator, signed the will as witness.

AB645,31,16 5. To the best of the knowledge of each witness, the testator was, at the time of execution, 18 years of age or older, of sound mind and under no constraint or undue influence.

AB645,31,17 Testator: ....

AB645,31,18 Witness: ....

AB645,31,19 Witness: ....

AB645,31,21 (b) Subscribed, sworn to and acknowledged before me by ...., the testator, and subscribed and sworn to before me by ...., and ...., witnesses, this .... day of ...., .....

AB645,31,22 (Seal) ....

AB645,31,23 (Signed): ....

AB645,31,24 (Official capacity of officer): ....

AB645,32,3 (3) Effect of affidavit. (a) A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the due execution of the will.

AB645,32,6 (b) Inclusion in a will of an acknowledgment and affidavit in substantially the form under sub. (1) or (2) is conclusive evidence that the will was executed in compliance with s. 853.03.

AB645, s. 129 Section 129. 853.05 of the statutes is repealed and recreated to read:

AB645,32,10 853.05 Execution of wills outside the state or by nonresidents within this state. (1) A will is validly executed if it is in writing and any of the following applies:

AB645,32,11 (a) The will is executed according to s. 853.03.

AB645,32,13 (b) The will is executed in accordance with the law, at the time of execution or at the time of death, of any of the following:

AB645,32,14 1. The place where the will was executed.

AB645,32,16 2. The place where the testator resided, was domiciled or was a national at the time of execution.

AB645,32,18 3. The place where the testator resided, was domiciled or was a national at the time of death.

AB645,32,20 (2) Any will under sub. (1) (b) has the same effect as if executed in this state in compliance with s. 853.03.

AB645, s. 130 Section 130. 853.07 (2) of the statutes is amended to read:

AB645,33,2 853.07 (2) A will is not Neither a will nor any of its provisions is invalidated because it the will is signed by an interested witness; but, unless the will is also signed by 2 disinterested witnesses, any beneficial provisions of the will for a witness or the spouse of the witness are invalid to the extent that such provisions in the aggregate exceed in value what the witness or spouse would have received had the testator died intestate. Valuation is to be made as of testator's death.

AB645, s. 131 Section 131. 853.07 (3) of the statutes is repealed.

AB645, s. 132 Section 132. 853.11 (1) (title) of the statutes is amended to read:

AB645,33,5 853.11 (1) (title) Subsequent Revocation by writing or physical act.

AB645, s. 133 Section 133. 853.11 (1) (intro.) and (a) of the statutes are consolidated, renumbered 853.11 (1) (a) and amended to read:

AB645,33,11 853.11 (1) (a) A will is revoked in whole or in part by: (a) A a subsequent will, codicil or other instrument which that is executed in compliance with s. 853.03 or 853.05 and which that revokes the prior will or a part thereof expressly or by inconsistency; or.

AB645, s. 134 Section 134. 853.11 (1) (b) of the statutes is renumbered 853.11 (1m) and amended to read:

AB645,33,17 853.11 (1m) (title) Revocation by physical act. Burning A will is revoked in whole or in part by burning, tearing, canceling or , obliterating or destroying the will, or part, with the intent to revoke, by the testator or by some person in the testator's conscious presence and by the testator's direction.

AB645, s. 135 Section 135. 853.11 (1) (bm) of the statutes is created to read:

AB645,33,21 853.11 (1) (bm) 1. A subsequent will wholly revokes the prior will if the testator intended the subsequent will to replace rather than supplement the prior will, regardless of whether the subsequent will expressly revokes the prior will.

AB645,33,25 2. The testator is presumed to have intended a subsequent will to replace, rather than supplement, the prior will if the subsequent will completely disposes of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the prior will is revoked.

AB645,34,5 3. The testator is presumed to have intended a subsequent will to supplement, rather than replace, the prior will if the subsequent will does not completely dispose of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the prior will only to the extent of any inconsistency.

AB645, s. 136 Section 136. 853.11 (2) of the statutes is repealed and recreated to read:

AB645,34,9 853.11 (2) Premarital will. (a) Entitlement of surviving spouse. Subject to par. (c), if the testator married the surviving spouse after the testator executed his or her will, the surviving spouse is entitled to a share of the probate estate.

AB645,34,13 (b) Value of share. The value of the share under par. (a) is the value of the share that the surviving spouse would have received had the testator died with an intestate estate equal to the value of the property subject to administration less the value of all of the following:

AB645,34,14 1. Administration, funeral and burial expenses.

AB645,34,15 2. Enforceable claims paid.

AB645,34,18 3. All devises to or for the benefit of the testator's children who were born before the marriage to the surviving spouse and who are not also the children of the surviving spouse.

AB645,34,19 4. All devises to or for the benefit of the issue of a child described in subd. 3.

AB645,34,21 5. All devises that pass under s. 854.06, 854.07, 854.21 or 854.22 to or for the benefit of children described in subd. 3. or issue of those children.

AB645,34,22 (c) Exceptions. Paragraph (a) does not apply if any of the following applies:

AB645,34,24 1. It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse.

AB645,35,3 2. It appears from the will or other evidence that the will is intended to be effective notwithstanding any subsequent marriage, or there is sufficient evidence that the testator considered revising the will after marriage but decided not to.

AB645,35,7 3. The testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.

AB645,35,10 4. The testator and the spouse have entered into an agreement that complies with ch. 766 and that provides for the spouse or specifies that the spouse is to have no rights in the testator's estate.

AB645,35,11 (d) Priority and abatement. In satisfying the share provided by this subsection:

AB645,35,13 1. Amounts received by the surviving spouse under s. 861.02 and devises made by will to the surviving spouse are applied first.

AB645,35,15 2. Devises other than those described in par. (b) 3. to 5. abate as provided under s. 854.18.

AB645, s. 137 Section 137. 853.11 (3) of the statutes is repealed and recreated to read:

AB645,35,18 853.11 (3) Former spouse. The effect of a transfer under a will to a former spouse is governed by s. 854.15.

AB645, s. 138 Section 138. 853.11 (3m) of the statutes is repealed and recreated to read:

AB645,35,22 853.11 (3m) Intentional killing of decedent by beneficiary. If a beneficiary under a will killed the decedent, the rights of that beneficiary are governed by s. 854.14.

AB645, s. 139 Section 139. 853.11 (6) of the statutes is repealed and recreated to read:

AB645,36,4 853.11 (6) Revival of revoked will. (a) If a subsequent will that partly revoked a previous will is itself revoked by a revocatory act under sub. (1m), the revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part of the previous will to take effect as executed.

AB645,36,9 (b) If a subsequent will that wholly revoked a previous will is itself revoked by a revocatory act under sub. (1m), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.

AB645,36,15 (c) If a subsequent will that wholly or partly revoked a previous will is itself revoked by another, later will, the previous will or its revoked part remains revoked, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent that it appears from the terms of the later will, or from the testator's contemporary or subsequent declarations, that the testator intended the previous will to take effect.

AB645,36,17 (d) In the absence of an original valid will, establishment of the execution and validity of the revived will or part is governed by s. 856.17.