SB368,41,423
(b)
The Any balance from each
of the beneficiaries devise to a beneficiary under
24the will in proportion to the value of the estate each
beneficiary would have received
25under the will as written
, unless. If the
obvious intention of the testator
, shown by
1clear and convincing evidence, in relation to some specific gift or other provision in
2the will would
thereby be defeated
, in which case by assignment of the share as
3provided in this paragraph, the court may adopt a different apportionment and may
4exempt a specific
gift devise or other provision.
SB368, s. 150
5Section
150. 853.25 (5) of the statutes is amended to read:
SB368,41,176
853.25
(5) Discretionary power of court to assign different share. If in any
7case under sub. (1) or (2) the court determines that the
intestate share is
in a
larger 8different amount
than or form from what the testator would have wanted to provide
9for the omitted child or issue of a deceased child,
because it exceeds the value of a
10provision for another child or for issue of a deceased child under the will, or that
11assignment of the intestate share would unduly disrupt the testamentary scheme, 12the court may in its final judgment make such provision for the omitted child or issue
13out of the estate as it deems would best accord with the
probable intent of the testator
, 14such as assignment, outright or in trust, of any amount less than the intestate share
15but approximating the value of the interest of other issue, or modification of the
16provisions of a testamentary trust for other issue to include the omitted child or
17issue.
SB368, s. 151
18Section
151. 853.27 of the statutes is repealed and recreated to read:
SB368,41,20
19853.27 Lapse. The rights under a will of a beneficiary who predeceases the
20testator are governed by s. 854.06.
SB368, s. 152
21Section
152. 853.29 of the statutes is amended to read:
SB368,41,25
22853.29 After-acquired property. A will is presumed to pass all property
23which that the testator owns at the testator's death and
which that the testator has
24power to
transmit transfer by will, including property acquired
by the testator after
25the execution of the will
or acquired by the testator's estate.
SB368, s. 153
1Section
153. 853.32 of the statutes is created to read:
SB368,42,4
2853.32 Effect of reference to another document. (1) Incorporation. A
3will may incorporate by reference another writing or document if all of the following
4apply:
SB368,42,65
(a) The will, either expressly or as construed from extrinsic evidence, manifests
6an intent to incorporate the other writing or document.
SB368,42,77
(b) The other writing or document was in existence when the will was executed.
SB368,42,98
(c) The other writing or document is sufficiently described in the will to permit
9identification with reasonable certainty.
SB368,42,1010
(d) The will was executed in compliance with s. 853.03 or 853.05.
SB368,42,11
11(2) Disposition of tangible personal property.
SB368,42,2012
(c) If the document described in par. (a) is not located by the personal
13representative, or delivered to the personal representative or circuit court with
14jurisdiction over the matter, within 30 days after the appointment of the personal
15representative, the personal representative may dispose of tangible personal
16property according to the provisions of the will as if no such document exists. If a
17valid document is located after some or all of the tangible personal property has been
18disposed of, the document controls the distribution of the property described in it, but
19the personal representative incurs no liability for the prior distribution or sale of the
20property, as long as the time specified in this paragraph has elapsed.
SB368,42,2221
(d) The duties and liability of a person who has custody of a document described
22in par. (a), or information about such a document, are governed by s. 856.05.
SB368,42,2423
(e) Beneficiaries under a document that is described in par. (a) are not
24interested parties for purposes of s. 879.03.
SB368,43,3
1(3) Transfers to living trusts. The validity and implementation of a will
2provision that purports to transfer or appoint property to a living trust are governed
3by s. 701.08.
SB368, s. 154
4Section
154. 853.325 of the statutes is created to read:
SB368,43,11
5853.325 Effect of reference to acts or events. A will may dispose of
6property by reference to acts or events that have significance apart from their effect
7on the disposition of property under the will and that do not occur solely for the
8purpose of determining the disposition of property under the will. Reference to the
9execution or revocation of another individual's will fulfills the requirements under
10this section. This section applies whether the acts or events occur before or after
11execution of the will or before or after the testator's death.
SB368, s. 155
12Section
155. 853.33 of the statutes is repealed and recreated to read:
SB368,43,14
13853.33 Gift of securities. Section 854.11 governs gifts of securities under a
14will.
SB368, s. 156
15Section
156. 853.35 of the statutes is repealed and recreated to read:
SB368,43,18
16853.35 Nonademption of specific gifts in certain instances. The rights
17of a beneficiary with respect to a specific gift that is destroyed, damaged, sold or
18condemned before the testator's death are governed by s. 854.08.
SB368, s. 157
19Section
157. 853.40 of the statutes is repealed and recreated to read:
SB368,43,21
20853.40 Disclaimer. A person to whom property would otherwise pass under
21a will may disclaim all or part of the property as provided in s. 854.13.
SB368, s. 158
22Section
158. 853.41 of the statutes is created to read:
SB368,43,25
23853.41 Applicability of general transfers at death provisions. Chapter
24854 applies to transfers under wills, including transfers under a Wisconsin basic will
25or basic will with trust.
SB368, s. 159
1Section
159. Subchapter II (title) of chapter 853 [precedes 853.50] of the
2statutes is created to read:
SB368,44,54
Subchapter II
5
Wisconsin basic wills
SB368, s. 160
6Section
160. 853.50 (1) of the statutes is amended to read:
SB368,44,97
853.50
(1) "By right of representation" means
that the issue of a deceased
8person inherit the share of an estate that their immediate ancestor would have
9inherited, if living according to the method specified in s. 854.04 (1).
SB368, s. 161
10Section
161. 853.50 (3) of the statutes is amended to read:
SB368,44,1411
853.50
(3) "Issue" means children, grandchildren, great-grandchildren, and
12lineal descendants of more remote degrees, including those who occupy that relation
13by reason of adoption under s.
851.51 854.20 and
nonmarital children
who are not
14legitimate and their lineal descendants to the extent provided by s. 852.05.
SB368, s. 162
15Section
162. 853.51 (intro.) of the statutes is renumbered 853.51 (1) (intro.).
SB368, s. 163
16Section
163. 853.51 (1) of the statutes is renumbered 853.51 (1) (a), and 853.51
17(1) (a) 1., as renumbered, is amended to read:
SB368,44,2018
853.51
(1) (a) 1. Complete the blanks, boxes and lines
according to 19substantially in accordance with the instructions.
Any failure to comply with
20instructions described under s. 853.54 (3) does not affect the validity of the will.
SB368, s. 164
21Section
164. 853.51 (1) (bc) of the statutes is created to read:
SB368,44,2222
853.51
(1) (bc) The witnesses shall comply with s. 853.03 (2).
SB368, s. 165
23Section
165. 853.51 (2) of the statutes is repealed.
SB368, s. 166
24Section
166. 853.51 (2m) of the statutes is created to read:
SB368,45,3
1853.51
(2m) Any failure to comply with the instructions in a Wisconsin basic
2will or basic will with trust, other than the requirements for the testator's and
3witnesses' signatures, does not affect the validity of the will.
SB368, s. 167
4Section
167. 853.55 (NOTICE) 6. of the statutes is amended to read:
SB368,45,105
853.55
(NOTICE) 6. THE WITNESSES TO THIS WILL SHOULD NOT BE
6PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
7READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
8DESCRIBED AT THE END OF THIS WILL.
ALL OF THE WITNESSES MUST
9WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
10NAME WITH YOU AND THE OTHER WITNESS PRESENT.
SB368, s. 168
11Section
168. 853.55 (NOTICE) 9. of the statutes is amended to read:
SB368,45,1312
853.55
(NOTICE) 9. THIS WILL TREATS ADOPTED CHILDREN AS IF
13THEY ARE
NATURAL BIRTH CHILDREN.
SB368, s. 169
14Section
169. 853.55 (Article 3) 3.3. of the statutes is repealed and recreated
15to read:
SB368,45,1616
853.55
(Article 3) 3.3. BOND.
SB368,45,2017
My signature in this box means I request that a bond, as set by law, be required
18for each individual personal representative or guardian named in this will. IF I DO
19NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED FOR
20ANY OF THOSE PERSONS.
SB368,45,2222
I sign my name to this Wisconsin Basic Will on ....... (date), at ........ (city), ........ (state).
SB368,45,2323
Signature of Testator
SB368,45,2524
STATEMENT OF WITNESSES (You must use two witnesses, who should be
25adults.)
SB368,46,4
1I declare that the testator signed the will in front of me, acknowledged to me
2that this document was his or her will
or acknowledged to me that the signature
3above is his or her signature. The testator appears to me to be of sound mind and
4not under undue influence.
SB368,46,55
Signature Residence Address:
SB368,46,77
Here: Date Signed:
SB368,46,118
I declare that the testator signed the will in front of me, acknowledged to me
9that this document was his or her will
or acknowledged to me that the signature
10above is his or her signature. The testator appears to me to be of sound mind and
11not under undue influence.
SB368,46,1212
Signature Residence Address:
SB368,46,1414
Here: Date Signed:
SB368, s. 170
15Section
170. 853.56 (NOTICE) 7. of the statutes is amended to read:
SB368,46,2116
853.56
(NOTICE) 7. THE WITNESSES TO THIS WILL SHOULD NOT BE
17PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
18READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
19DESCRIBED AT THE END OF THIS WILL.
ALL OF THE WITNESSES MUST
20WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
21NAME WITH YOU AND THE OTHER WITNESS PRESENT.
SB368, s. 171
22Section
171. 853.56 (NOTICE) 9. of the statutes is amended to read:
SB368,46,2423
853.56
(NOTICE) 9. THIS WILL TREATS ADOPTED CHILDREN AS IF
24THEY ARE
NATURAL BIRTH CHILDREN.
SB368, s. 172
1Section
172. 853.56 (Article 3) 3.4. of the statutes is repealed and recreated
2to read:
SB368,47,33
853.56
(Article 3) 3.4. BOND.
SB368,47,74
My signature in this box means I request that a bond, as set by law, be required
5for each individual personal representative, trustee or guardian named in this will.
6IF I DO NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED
7FOR ANY OF THOSE PERSONS.
SB368,47,99
I sign my name to this Wisconsin Basic Will With Trust on ... (date), at..(city),.. (state).
SB368,47,1010
Signature of Testator
SB368,47,1211
STATEMENT OF WITNESSES (You must use two witnesses, who should be
12adults.)
SB368,47,1613
I declare that the testator signed the will in front of me, acknowledged to me
14that this document was his or her will
or acknowledged to me that the signature
15above is his or her signature. The testator appears to me to be of sound mind and
16not under undue influence.
SB368,47,1717
Signature Residence Address:
SB368,47,1919
Here: Date Signed:
SB368,47,2320
I declare that the testator signed the will in front of me, acknowledged to me
21that this document was his or her will
or acknowledged to me that the signature
22above is his or her signature. The testator appears to me to be of sound mind and
23not under undue influence.
SB368,47,2424
Signature Residence Address:
SB368,48,1
1Here: Date Signed:
SB368, s. 173
2Section
173. 853.59 (form) (a) of the statutes is amended to read:
SB368,48,73
853.59
(form) (a) TO MY SPOUSE IF LIVING; IF NOT LIVING, THEN IN
4ONE TRUST TO PROVIDE FOR THE SUPPORT AND EDUCATION OF MY
5CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILD
BY RIGHT
6OF REPRESENTATION UNTIL I HAVE NO LIVING CHILD UNDER 21 YEARS
7OF AGE.
SB368, s. 174
8Section
174. 853.59 (form) (2) (a) of the statute is amended to read:
SB368,48,229
853.59
(form) (2) (a) As long as any child of mine under 21 years of age is living,
10the trustee shall distribute from time to time to or for the benefit of any one or more
11of my children and the descendants of any deceased child (the beneficiaries)
by right
12of representation of any age as much, or all, of the principal or net income of the trust
13or both, as the trustee deems necessary for their health, support, maintenance and
14education. Any undistributed income shall be accumulated and added to the
15principal. "Education" includes, but is not limited to, college, vocational and other
16studies after high school, and reasonably related living expenses. Consistent with
17the trustee's fiduciary duties, the trustee may distribute trust income or principal in
18equal or unequal shares and to any one or more of the beneficiaries to the exclusion
19of other beneficiaries. In deciding on distributions, the trustee may take into account
20the beneficiaries' other income, outside resources or sources of support, including the
21capacity for gainful employment of a beneficiary who has completed his or her
22education.
SB368, s. 175
23Section
175. Chapter 854 of the statutes is created to read:
SB368,49,3
1Chapter 854
2
transfers at death —
3
General rules
SB368,49,10
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.
SB368,49,12
11854.02 Scope. This chapter applies to all statutes and governing instruments
12that transfer property at death.