AB720, s. 126
3Section
126. 853.03 (1) of the statutes is amended to read:
AB720,29,84
853.03
(1) It must be signed by the testator,
by the testator with the assistance
5of another person with the testator's consent or in the testator's name by
one of the
6witnesses or some other another person at the testator's
express direction and in the
7testator's
conscious presence
, such a proxy signing either to take place or to be
8acknowledged by the testator in the presence of the witnesses; and
.
AB720, s. 127
9Section
127
. 853.03 (2) of the statutes is renumbered 853.03 (2) (intro.) and
10amended to read:
AB720,29,1311
853.03
(2) (intro.) It must be signed by 2 or more witnesses
in the presence of
12the testator and in the presence of each other., each of whom signed within a
13reasonable time after witnessing any of the following:
AB720, s. 128
14Section
128. 853.03 (2) (a), (b) and (c) of the statutes are created to read:
AB720,29,1515
853.03
(2) (a) The signing of the will as provided under sub. (1).
AB720,29,1716
(b) The testator's implicit or explicit acknowledgement of the testator's
17signature on the will, within the conscious presence of each of the witnesses.
AB720,29,1918
(c) The testator's implicit or explicit acknowledgement of the will, within the
19conscious presence of each of the witnesses.
AB720, s. 129
20Section
129. 853.04 of the statutes is created to read:
AB720,30,2
21853.04 Self-proved will. (1) One-step procedure. A will may be
22simultaneously executed, attested and made self-proved by the affidavit of the
23testator and witnesses. The affidavit must be made before an officer authorized to
24administer oaths under the laws of the state in which execution occurs and must be
1evidenced by the officer's certificate, under official seal, in substantially the following
2form:
AB720,30,43
(a) I, ...., the testator, sign my name to this instrument this .... day of ...., and
4being first duly sworn, declare to the undersigned authority all of the following:
AB720,30,55
1. I execute this instrument as my will.
AB720,30,66
2. I sign this will willingly, or willingly direct another to sign for me.
AB720,30,87
3. I execute this will as my free and voluntary act for the purposes expressed
8therein.
AB720,30,109
4. I am 18 years of age or older, of sound mind and under no constraint or undue
10influence.
AB720,30,1111
Testator: ....
AB720,30,1312
(b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this
13instrument and declare to the undersigned authority all of the following:
AB720,30,1414
1. The testator executes this instrument as his or her will.
AB720,30,1615
2. The testator signs it willingly, or willingly directs another to sign for him or
16her.
AB720,30,1817
3. Each of us, in the conscious presence of the testator, signs this will as a
18witness.
AB720,30,2019
4. To the best of our knowledge, the testator is 18 years of age or older, of sound
20mind and under no constraint or undue influence.
AB720,30,2121
Witness: ....
AB720,30,2222
Witness: ....
AB720,30,2323
State of ....
AB720,30,2424
County of ....
AB720,31,2
1(c) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
2witnesses, this .... day of ...., .....
AB720,31,44
(Signed): ....
AB720,31,55
(Official capacity of officer): ....
AB720,31,10
6(2) Two-step procedure. An attested will may be made self-proved at any time
7after its execution by the affidavit of the testator and witnesses. The affidavit must
8be made before an officer authorized to administer oaths under the laws of the state
9in which the affidavit occurs and must be evidenced by the officer's certificate, under
10official seal, attached or annexed to the will in substantially the following form:
AB720,31,1111
State of ....
AB720,31,1212
County of ....
AB720,31,1513
(a) We, ...., ...., and ...., the testator and the witnesses whose names are signed
14to the foregoing instrument, being first duly sworn, do declare to the undersigned
15authority all of the following:
AB720,31,1616
1. The testator executed the instrument as his or her will.
AB720,31,1817
2. The testator signed willingly, or willingly directed another to sign for him or
18her.
AB720,31,1919
3. The testator executed the will as a free and voluntary act.
AB720,31,2120
4. Each of the witnesses, in the conscious presence of the testator, signed the
21will as witness.
AB720,31,2422
5. To the best of the knowledge of each witness, the testator was, at the time
23of execution, 18 years of age or older, of sound mind and under no constraint or undue
24influence.
AB720,31,2525
Testator: ....
AB720,32,1
1Witness: ....
AB720,32,22
Witness: ....
AB720,32,43
(b) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
4witnesses, this .... day of ...., .....
AB720,32,66
(Signed): ....
AB720,32,77
(Official capacity of officer): ....
AB720,32,10
8(3) Effect of affidavit. (a) A signature affixed to a self-proving affidavit
9attached to a will is considered a signature affixed to the will, if necessary to prove
10the due execution of the will.
AB720,32,1211
(b) Inclusion in a will of an affidavit in substantially the form under sub. (1)
12or (2) is conclusive evidence that the will was executed in compliance with s. 853.03.
AB720, s. 130
13Section
130. 853.05 of the statutes is repealed and recreated to read:
AB720,32,16
14853.05 Execution of wills outside the state or by nonresidents within
15this state. (1) A will is validly executed if it is in writing and any of the following
16applies:
AB720,32,1717
(a) The will is executed according to s. 853.03.
AB720,32,1918
(b) The will is executed in accordance with the law, at the time of execution or
19at the time of death, of any of the following:
AB720,32,2020
1. The place where the will was executed.
AB720,32,2221
2. The place where the testator resided, was domiciled or was a national at the
22time of execution.
AB720,32,2423
3. The place where the testator resided, was domiciled or was a national at the
24time of death.
AB720,33,2
1(2) Any will under sub. (1) (b) has the same effect as if executed in this state
2in compliance with s. 853.03.
AB720, s. 131
3Section
131. 853.07 (2) of the statutes is renumbered 853.07 (2) (a) and
4amended to read:
AB720,33,75
853.07
(2) (a)
A Subject to pars. (b) and (c), a will is not invalidated because
6it is signed by an interested witness
; but, unless the will is also signed by 2
7disinterested witnesses.
AB720,33,12
8(b) Except as provided in par. (c), any beneficial provisions of the will for a
9witness or the spouse of
the a witness are invalid to the extent that
such provisions
10in the aggregate exceed in value the aggregate value of those provisions exceeds what
11the witness or spouse would have received had the testator died intestate. Valuation
12is to be made as of testator's death.
AB720, s. 132
13Section
132. 853.07 (2) (c) of the statutes is created to read:
AB720,33,1414
853.07
(2) (c) Paragraph (b) does not apply if any of the following applies:
AB720,33,1515
1. The will is also signed by 2 disinterested witnesses.
AB720,33,1716
2. There is sufficient evidence that the testator intended the full transfer to
17take effect.
AB720, s. 133
18Section
133. 853.11 (1) (title) of the statutes is amended to read:
AB720,33,1919
853.11
(1) (title)
Subsequent Revocation by writing or physical act.
AB720, s. 134
20Section
134. 853.11 (1) (intro.) and (a) of the statutes are consolidated,
21renumbered 853.11 (1) (a) and amended to read:
AB720,33,2522
853.11
(1) (a) A will is revoked in whole or in part by
: (a) A a subsequent will
,
23codicil or other instrument which that is executed in compliance with s. 853.03 or
24853.05 and
which that revokes the prior will or a part thereof expressly or by
25inconsistency
; or.
AB720, s. 135
1Section
135. 853.11 (1) (b) of the statutes is renumbered 853.11 (1m) and
2amended to read:
AB720,34,63
853.11
(1m) (title)
Revocation by physical act. Burning A will is revoked in
4whole or in part by burning, tearing, canceling
or
, obliterating
or destroying the will,
5or part, with the intent to revoke, by the testator or by some person in the testator's
6conscious presence and by the testator's direction.
AB720, s. 136
7Section
136. 853.11 (1) (bm) of the statutes is created to read:
AB720,34,108
853.11
(1) (bm) 1. A subsequent will wholly revokes the prior will if the testator
9intended the subsequent will to replace rather than supplement the prior will,
10regardless of whether the subsequent will expressly revokes the prior will.
AB720,34,1411
2. The testator is presumed to have intended a subsequent will to replace,
12rather than supplement, the prior will if the subsequent will completely disposes of
13the testator's estate. If this presumption arises and is not rebutted by clear and
14convincing evidence, the prior will is revoked.
AB720,34,1915
3. The testator is presumed to have intended a subsequent will to supplement,
16rather than replace, the prior will if the subsequent will does not completely dispose
17of the testator's estate. If this presumption arises and is not rebutted by clear and
18convincing evidence, the subsequent will revokes the prior will only to the extent of
19any inconsistency.
AB720, s. 137
20Section
137. 853.11 (2) of the statutes is repealed and recreated to read:
AB720,34,2321
853.11
(2) Premarital will. (a)
Entitlement of surviving spouse. Subject to par.
22(c), if the testator married the surviving spouse after the testator executed his or her
23will, the surviving spouse is entitled to a share of the probate estate.
AB720,35,224
(b)
Value of share. The value of the share under par. (a) is the value of the share
25that the surviving spouse would have received had the testator died with an intestate
1estate equal to the value of the net estate of the decedent less the value of all of the
2following:
AB720,35,53
1. All devises to or for the benefit of the testator's children who were born before
4the marriage to the surviving spouse and who are not also the children of the
5surviving spouse.
AB720,35,66
2. All devises to or for the benefit of the issue of a child described in subd. 1.
AB720,35,87
3. All devises that pass under s. 854.06, 854.07, 854.21 or 854.22 to or for the
8benefit of children described in subd. 1. or issue of those children.
AB720,35,99
(c)
Exceptions. Paragraph (a) does not apply if any of the following applies:
AB720,35,1110
1. It appears from the will or other evidence that the will was made in
11contemplation of the testator's marriage to the surviving spouse.
AB720,35,1412
2. It appears from the will or other evidence that the will is intended to be
13effective notwithstanding any subsequent marriage, or there is sufficient evidence
14that the testator considered revising the will after marriage but decided not to.
AB720,35,1815
3. The testator provided for the spouse by transfer outside the will and the
16intent that the transfer be in lieu of a testamentary provision is shown by the
17testator's statements or is reasonably inferred from the amount of the transfer or
18other evidence.
AB720,35,2119
4. The testator and the spouse have entered into an agreement that complies
20with ch. 766 and that provides for the spouse or specifies that the spouse is to have
21no rights in the testator's estate.
AB720,35,2222
(d)
Priority and abatement. In satisfying the share provided by this subsection:
AB720,35,2423
1. Amounts received by the surviving spouse under s. 861.02 and devises made
24by will to the surviving spouse are applied first.
AB720,36,2
12. Devises other than those described in par. (b) 1. to 3. abate as provided under
2s. 854.18.
AB720, s. 138
3Section
138. 853.11 (3) of the statutes is repealed and recreated to read:
AB720,36,54
853.11
(3) Former spouse. The effect of a transfer under a will to a former
5spouse is governed by s. 854.15.
AB720, s. 139
6Section
139. 853.11 (3m) of the statutes is repealed and recreated to read: