SB368: Bill Text

SB368, s. 120 Section 120. 852.10 of the statutes is created to read:

SB368,27,25 852.10 Disinheritance from intestate share. (1) A decedent's will may exclude or limit the right of an individual or class to succeed to property passing by intestate succession.

SB368,28,3 (2) The share of the intestate estate that would have passed to the individual or class described in sub. (1) passes as if the individual or each member of the class had disclaimed his or her intestate share under s. 854.13.

SB368,28,5 (3) This section does not apply if the individual or all members of the class described in sub. (1) predecease the testator.

SB368, s. 121 Section 121. 852.11 of the statutes is repealed and recreated to read:

SB368,28,8 852.11 Advancement. The effect of a lifetime gift by the decedent on the intestate share of an heir is governed by s. 854.09.

SB368, s. 122 Section 122. 852.12 of the statutes is created to read:

SB368,28,14 852.12 Debts to decedent. If an heir owes a debt to the decedent, the debt shall be charged against the intestate share of the debtor, regardless of whether the debt has been discharged in bankruptcy. If the debtor fails to survive the decedent, the debt shall not be taken into account in computing the intestate shares of the debtor's issue.

SB368, s. 123 Section 123. 852.13 of the statutes is amended to read:

SB368,28,18 852.13 Right to disclaim intestate share. Any person to whom property would otherwise pass under s. 852.01 may disclaim all or part of the property as provided under s. 853.40 854.13.

SB368, s. 124 Section 124. Subchapter I (title) of chapter 853 [precedes 853.01] of the statutes is created to read:

SB368,28,21 Chapter 853

SB368,28,23 Subchapter I General rules

SB368, s. 125 Section 125. 853.03 (intro.) of the statutes is amended to read:

SB368,29,2 853.03 Execution of wills. (intro.) Every will in order to be validly executed must be in writing and executed with all of the following formalities:

SB368, s. 126 Section 126. 853.03 (1) of the statutes is amended to read:

SB368,29,8 853.03 (1) It must be signed by the testator, by the testator with the assistance of another person with the testator's consent or in the testator's name by one of the witnesses or some other another person at the testator's express direction and in the testator's conscious presence, such a proxy signing either to take place or to be acknowledged by the testator in the presence of the witnesses; and .

SB368, s. 127 Section 127 . 853.03 (2) of the statutes is renumbered 853.03 (2) (intro.) and amended to read:

SB368,29,13 853.03 (2) (intro.) It must be signed by 2 or more witnesses in the presence of the testator and in the presence of each other., each of whom signed within a reasonable time after witnessing any of the following:

SB368, s. 128 Section 128. 853.03 (2) (a), (b) and (c) of the statutes are created to read:

SB368,29,15 853.03 (2) (a) The signing of the will as provided under sub. (1).

SB368,29,17 (b) The testator's implicit or explicit acknowledgement of the testator's signature on the will, within the conscious presence of each of the witnesses.

SB368,29,19 (c) The testator's implicit or explicit acknowledgement of the will, within the conscious presence of each of the witnesses.

SB368, s. 129 Section 129. 853.04 of the statutes is created to read:

SB368,30,2 853.04 Self-proved will. (1) One-step procedure. A will may be simultaneously executed, attested and made self-proved by the affidavit of the testator and witnesses. The affidavit 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:

SB368,30,4 (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:

SB368,30,5 1. I execute this instrument as my will.

SB368,30,6 2. I sign this will willingly, or willingly direct another to sign for me.

SB368,30,8 3. I execute this will as my free and voluntary act for the purposes expressed therein.

SB368,30,10 4. I am 18 years of age or older, of sound mind and under no constraint or undue influence.

SB368,30,11 Testator: ....

SB368,30,13 (b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this instrument and declare to the undersigned authority all of the following:

SB368,30,14 1. The testator executes this instrument as his or her will.

SB368,30,16 2. The testator signs it willingly, or willingly directs another to sign for him or her.

SB368,30,18 3. Each of us, in the conscious presence of the testator, signs this will as a witness.

SB368,30,20 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.

SB368,30,21 Witness: ....

SB368,30,22 Witness: ....

SB368,30,23 State of ....

SB368,30,24 County of ....

SB368,31,2 (c) Subscribed and sworn to before me by ...., the testator, and by ...., and ...., witnesses, this .... day of ...., .....

SB368,31,3 (Seal) ....

SB368,31,4 (Signed): ....

SB368,31,5 (Official capacity of officer): ....

SB368,31,10 (2) Two-step procedure. An attested will may be made self-proved at any time after its execution by the affidavit of the testator and witnesses. The affidavit must be made before an officer authorized to administer oaths under the laws of the state in which the affidavit occurs and must be evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form:

SB368,31,11 State of ....

SB368,31,12 County of ....

SB368,31,15 (a) We, ...., ...., and ...., the testator and the witnesses whose names are signed to the foregoing instrument, being first duly sworn, do declare to the undersigned authority all of the following:

SB368,31,16 1. The testator executed the instrument as his or her will.

SB368,31,18 2. The testator signed willingly, or willingly directed another to sign for him or her.

SB368,31,19 3. The testator executed the will as a free and voluntary act.

SB368,31,21 4. Each of the witnesses, in the conscious presence of the testator, signed the will as witness.

SB368,31,24 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.

SB368,31,25 Testator: ....

SB368,32,1 Witness: ....

SB368,32,2 Witness: ....

SB368,32,4 (b) Subscribed and sworn to before me by ...., the testator, and by ...., and ...., witnesses, this .... day of ...., .....

SB368,32,5 (Seal) ....

SB368,32,6 (Signed): ....

SB368,32,7 (Official capacity of officer): ....

SB368,32,10 (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.

SB368,32,12 (b) Inclusion in a will of an affidavit in substantially the form under sub. (1) or (2) is conclusive evidence that the will was executed in compliance with s. 853.03.

SB368, s. 130 Section 130. 853.05 of the statutes is repealed and recreated to read:

SB368,32,16 853.05 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:

SB368,32,17 (a) The will is executed according to s. 853.03.

SB368,32,19 (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:

SB368,32,20 1. The place where the will was executed.

SB368,32,22 2. The place where the testator resided, was domiciled or was a national at the time of execution.

SB368,32,24 3. The place where the testator resided, was domiciled or was a national at the time of death.

SB368,33,2 (2) Any will under sub. (1) (b) has the same effect as if executed in this state in compliance with s. 853.03.

SB368, s. 131 Section 131. 853.07 (2) of the statutes is amended to read:

SB368,33,9 853.07 (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.

SB368, s. 132 Section 132. 853.07 (3) of the statutes is repealed.

SB368, s. 133 Section 133. 853.11 (1) (title) of the statutes is amended to read:

SB368,33,12 853.11 (1) (title) Subsequent Revocation by writing or physical act.

SB368, s. 134 Section 134. 853.11 (1) (intro.) and (a) of the statutes are consolidated, renumbered 853.11 (1) (a) and amended to read:

SB368,33,18 853.11 (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.

SB368, s. 135 Section 135. 853.11 (1) (b) of the statutes is renumbered 853.11 (1m) and amended to read:

SB368,33,24 853.11 (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.

SB368, s. 136 Section 136. 853.11 (1) (bm) of the statutes is created to read:

SB368,34,3 853.11 (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.

SB368,34,7 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.

SB368,34,12 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.

SB368, s. 137 Section 137. 853.11 (2) of the statutes is repealed and recreated to read:

SB368,34,16 853.11 (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.

SB368,34,20 (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 net estate of the decedent less the value of all of the following:

SB368,34,23 1. 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.

SB368,34,24 2. All devises to or for the benefit of the issue of a child described in subd. 1.

SB368,35,2 3. 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. 1. or issue of those children.