AB720,39,2320
2. The omitted child is entitled to receive the share of the testator's estate, as
21limited in subd. 1., that the child would have received had the testator included all
22omitted after-born and after-adopted children with the children to whom devises
23were made under the will and had given an equal share of the estate to each child.
AB720,40,3
13. To the extent feasible, the interest granted an omitted child under this
2section shall be of the same character, whether equitable or legal, present or future,
3as that devised to the testator's then-living children under the will.
AB720,40,74
4. In satisfying a share provided by this paragraph, devises to the testator's
5children who were living when the will was executed abate ratably. In abating the
6devises of the then-living children, the court shall preserve to the maximum extent
7possible the character of the testamentary plan adopted by the testator.
AB720,40,118
(d)
Rights of issue. Except as provided in sub. (5), if a child entitled to a share
9under this section dies before the testator, and the child leaves issue who survive the
10testator, the issue who represent the deceased child are entitled to the deceased
11child's share.
AB720, s. 148
12Section
148. 853.25 (2) of the statutes is amended to read:
AB720,40,2213
853.25
(2) Living issue omitted by mistake. If Except as provided in sub. (5),
14if clear and convincing evidence proves that
by mistake or accident the testator failed
15to provide in the testator's will for a child living at the time of making of the will, or
16for the issue of any then deceased child,
by mistake or accident, including the
17mistaken belief that the child or issue of a deceased child was dead at the time the
18will was executed, the child or issue is entitled to receive a share in the estate of the
19testator
equal in value to the share which the child or issue would have received if
20the testator had died intestate. But failure, as provided under sub. (1), as if the child
21or issue was born or adopted after the execution of the will. Failure to mention a child
22or issue in the will is not in itself evidence of mistake or accident.
AB720, s. 149
23Section
149. 853.25 (4) of the statutes is amended to read:
AB720,41,3
1853.25
(4) From what estate share is to be taken. Except as provided in sub.
2(5), the court shall in its final judgment assign
the
a share provided
by this section 3under sub. (1) (b) as follows:
AB720,41,44
(a)
From any First, from intestate property
first;.
AB720,41,115
(b)
The Any balance from each
of the beneficiaries devise to a beneficiary under
6the will in proportion to the value of the estate each
beneficiary would have received
7under the will as written
, unless. If the
obvious intention of the testator
, shown by
8clear and convincing evidence, in relation to some specific gift or other provision in
9the will would
thereby be defeated
, in which case by assignment of the share as
10provided in this paragraph, the court may adopt a different apportionment and may
11exempt a specific
gift devise or other provision.
AB720, s. 150
12Section
150. 853.25 (5) of the statutes is amended to read:
AB720,41,2413
853.25
(5) Discretionary power of court to assign different share. If in any
14case under sub. (1) or (2) the court determines that the
intestate share is
in a
larger 15different amount
than or form from what the testator would have wanted to provide
16for the omitted child or issue of a deceased child,
because it exceeds the value of a
17provision for another child or for issue of a deceased child under the will, or that
18assignment of the intestate share would unduly disrupt the testamentary scheme, 19the court may in its final judgment make such provision for the omitted child or issue
20out of the estate as it deems would best accord with the
probable intent of the testator
, 21such as assignment, outright or in trust, of any amount less than the intestate share
22but approximating the value of the interest of other issue, or modification of the
23provisions of a testamentary trust for other issue to include the omitted child or
24issue.
AB720, s. 151
25Section
151. 853.27 of the statutes is repealed and recreated to read:
AB720,42,2
1853.27 Lapse. The rights under a will of a beneficiary who predeceases the
2testator are governed by s. 854.06.
AB720, s. 152
3Section
152. 853.29 of the statutes is amended to read:
AB720,42,7
4853.29 After-acquired property. A will is presumed to pass all property
5which that the testator owns at the testator's death and
which that the testator has
6power to
transmit transfer by will, including property acquired
by the testator after
7the execution of the will
or acquired by the testator's estate.
AB720, s. 153
8Section
153. 853.32 of the statutes is created to read:
AB720,42,11
9853.32 Effect of reference to another document. (1) Incorporation. A
10will may incorporate by reference another writing or document if all of the following
11apply:
AB720,42,1312
(a) The will, either expressly or as construed from extrinsic evidence, manifests
13an intent to incorporate the other writing or document.
AB720,42,1414
(b) The other writing or document was in existence when the will was executed.
AB720,42,1615
(c) The other writing or document is sufficiently described in the will to permit
16identification with reasonable certainty.
AB720,42,1717
(d) The will was executed in compliance with s. 853.03 or 853.05.
AB720,42,18
18(2) Disposition of tangible personal property.
AB720,43,219
(c) If the document described in par. (a) is not located by the personal
20representative, or delivered to the personal representative or circuit court with
21jurisdiction over the matter, within 30 days after the appointment of the personal
22representative, the personal representative may dispose of tangible personal
23property according to the provisions of the will as if no such document exists. If a
24valid document is located after some or all of the tangible personal property has been
25disposed of, the document controls the distribution of the property described in it, but
1the personal representative incurs no liability for the prior distribution or sale of the
2property, as long as the time specified in this paragraph has elapsed.
AB720,43,43
(d) The duties and liability of a person who has custody of a document described
4in par. (a), or information about such a document, are governed by s. 856.05.
AB720,43,65
(e) Beneficiaries under a document that is described in par. (a) are not
6interested parties for purposes of s. 879.03.
AB720,43,9
7(3) Transfers to living trusts. The validity and implementation of a will
8provision that purports to transfer or appoint property to a living trust are governed
9by s. 701.08.
AB720, s. 154
10Section
154. 853.325 of the statutes is created to read:
AB720,43,17
11853.325 Effect of reference to acts or events. A will may dispose of
12property by reference to acts or events that have significance apart from their effect
13on the disposition of property under the will and that do not occur solely for the
14purpose of determining the disposition of property under the will. Reference to the
15execution or revocation of another individual's will fulfills the requirements under
16this section. This section applies whether the acts or events occur before or after
17execution of the will or before or after the testator's death.
AB720, s. 155
18Section
155. 853.33 of the statutes is repealed and recreated to read:
AB720,43,20
19853.33 Gift of securities. Section 854.11 governs gifts of securities under a
20will.
AB720, s. 156
21Section
156. 853.35 of the statutes is repealed and recreated to read:
AB720,43,24
22853.35 Nonademption of specific gifts in certain instances. The rights
23of a beneficiary with respect to a specific gift that is destroyed, damaged, sold or
24condemned before the testator's death are governed by s. 854.08.
AB720, s. 157
25Section
157. 853.40 of the statutes is repealed and recreated to read:
AB720,44,2
1853.40 Disclaimer. A person to whom property would otherwise pass under
2a will may disclaim all or part of the property as provided in s. 854.13.
AB720, s. 158
3Section
158. 853.41 of the statutes is created to read:
AB720,44,6
4853.41 Applicability of general transfers at death provisions. Chapter
5854 applies to transfers under wills, including transfers under a Wisconsin basic will
6or basic will with trust.
AB720, s. 159
7Section
159. Subchapter II (title) of chapter 853 [precedes 853.50] of the
8statutes is created to read:
AB720,44,1110
Subchapter II
11
Wisconsin basic wills
AB720, s. 160
12Section
160. 853.50 (1) of the statutes is amended to read:
AB720,44,1513
853.50
(1) "By right of representation" means
that the issue of a deceased
14person inherit the share of an estate that their immediate ancestor would have
15inherited, if living according to the method specified in s. 854.04 (1).
AB720, s. 161
16Section
161. 853.50 (3) of the statutes is amended to read:
AB720,44,2017
853.50
(3) "Issue" means children, grandchildren, great-grandchildren, and
18lineal descendants of more remote degrees, including those who occupy that relation
19by reason of adoption under s.
851.51 854.20 and
nonmarital children
who are not
20legitimate and their lineal descendants to the extent provided by s. 852.05.
AB720, s. 162
21Section
162. 853.51 (intro.) of the statutes is renumbered 853.51 (1) (intro.).
AB720, s. 163
22Section
163. 853.51 (1) of the statutes is renumbered 853.51 (1) (a), and 853.51
23(1) (a) 1., as renumbered, is amended to read:
AB720,45,3
1853.51
(1) (a) 1. Complete the blanks, boxes and lines
according to 2substantially in accordance with the instructions.
Any failure to comply with
3instructions described under s. 853.54 (3) does not affect the validity of the will.
AB720, s. 164
4Section
164. 853.51 (1) (bc) of the statutes is created to read:
AB720,45,55
853.51
(1) (bc) The witnesses shall comply with s. 853.03 (2).
AB720, s. 165
6Section
165. 853.51 (2) of the statutes is repealed.
AB720, s. 166
7Section
166. 853.51 (2m) of the statutes is created to read:
AB720,45,108
853.51
(2m) Any failure to comply with the instructions in a Wisconsin basic
9will or basic will with trust, other than the requirements for the testator's and
10witnesses' signatures, does not affect the validity of the will.
AB720, s. 167
11Section
167. 853.55 (Article 3) 3.3. of the statutes is repealed and recreated
12to read:
AB720,45,1313
853.55
(Article 3) 3.3. BOND.
AB720,45,1714
My signature in this box means I request that a bond, as set by law, be required
15for each individual personal representative or guardian named in this will. IF I DO
16NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED FOR
17ANY OF THOSE PERSONS.
AB720,45,1919
I sign my name to this Wisconsin Basic Will on ....... (date), at ........ (city), ........ (state).
AB720,45,2020
Signature of Testator
AB720,45,2221
STATEMENT OF WITNESSES (You must use two witnesses, who should be
22adults.)
AB720,46,223
I declare that the testator signed the will in front of me, acknowledged to me
24that this document was his or her will
or acknowledged to me that the signature
1above is his or her signature. The testator appears to me to be of sound mind and
2not under undue influence.
AB720,46,33
Signature Residence Address:
AB720,46,55
Here: Date Signed:
AB720,46,96
I declare that the testator signed the will in front of me, acknowledged to me
7that this document was his or her will
or acknowledged to me that the signature
8above is his or her signature. The testator appears to me to be of sound mind and
9not under undue influence.
AB720,46,1010
Signature Residence Address:
AB720,46,1212
Here: Date Signed:
AB720, s. 168
13Section
168. 853.55 (NOTICE) 6. of the statutes is amended to read:
AB720,46,1914
853.55
(NOTICE) 6. THE WITNESSES TO THIS WILL SHOULD NOT BE
15PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
16READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
17DESCRIBED AT THE END OF THIS WILL.
ALL OF THE WITNESSES MUST
18WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
19NAME WITH YOU AND THE OTHER WITNESS PRESENT.
AB720, s. 169
20Section
169. 853.55 (NOTICE) 9. of the statutes is amended to read:
AB720,46,2221
853.55
(NOTICE) 9. THIS WILL TREATS ADOPTED CHILDREN AS IF
22THEY ARE
NATURAL BIRTH CHILDREN.
AB720, s. 170
23Section
170. 853.56 (Article 3) 3.4. of the statutes is repealed and recreated
24to read:
AB720,46,2525
853.56
(Article 3) 3.4. BOND.
AB720,47,4
1My signature in this box means I request that a bond, as set by law, be required
2for each individual personal representative, trustee or guardian named in this will.
3IF I DO NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED
4FOR ANY OF THOSE PERSONS.
AB720,47,66
I sign my name to this Wisconsin Basic Will With Trust on ... (date), at..(city),.. (state).
AB720,47,77
Signature of Testator
AB720,47,98
STATEMENT OF WITNESSES (You must use two witnesses, who should be
9adults.)
AB720,47,1310
I declare that the testator signed the will in front of me, acknowledged to me
11that this document was his or her will
or acknowledged to me that the signature
12above is his or her signature. The testator appears to me to be of sound mind and
13not under undue influence.
AB720,47,1414
Signature Residence Address:
AB720,47,1616
Here: Date Signed:
AB720,47,2017
I declare that the testator signed the will in front of me, acknowledged to me
18that this document was his or her will
or acknowledged to me that the signature
19above is his or her signature. The testator appears to me to be of sound mind and
20not under undue influence.
AB720,47,2121
Signature Residence Address:
AB720,47,2323
Here: Date Signed:
AB720, s. 171
24Section
171. 853.56 (NOTICE) 7. of the statutes is amended to read:
AB720,48,6
1853.56
(NOTICE) 7. THE WITNESSES TO THIS WILL SHOULD NOT BE
2PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
3READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
4DESCRIBED AT THE END OF THIS WILL.
ALL OF THE WITNESSES MUST
5WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
6NAME WITH YOU AND THE OTHER WITNESS PRESENT.
AB720, s. 172
7Section
172. 853.56 (NOTICE) 9. of the statutes is amended to read: