853.01 Capacity to make or revoke a will.
853.03 Execution of wills.
853.04 Self-proved will.
853.05 Execution of wills outside the state or by nonresidents within this state.
853.07 Witnesses.
853.09 Deposit of will in circuit court during testator's lifetime.
853.11 Revocation.
853.13 Contracts.
853.15 Equitable election if will attempts to dispose of property belonging to beneficiary.
853.17 Effect of will provision changing beneficiary of life insurance or annuity.
853.18 Designation of beneficiary, payee or owner.
853.19 Advancement.
853.25 Unintentional failure to provide for issue of testator.
853.27 Lapse.
853.29 After-acquired property.
853.31 Presumption that will passes all of testator's interest in property.
853.32 Effect of reference to another document.
853.325 Effect of reference to acts or events.
853.33 Gift of securities.
853.35 Nonademption of specific gifts in certain instances.
853.40 Disclaimer.
853.41 Applicability of general transfers at death provisions.
853.50 Definitions.
853.51 Execution of will.
853.52 Contents of wills.
853.53 Selection of property disposition clause.
853.54 Revocation or revision.
853.55 Wisconsin basic will.
853.56 Wisconsin basic will with trust.
853.57 Personal, recreational and household items.
853.58 Residuary estate; basic will.
853.59 Residuary estate; basic will with trust.
853.60 Mandatory clauses.
853.61 Mandatory clauses; basic will with trust.
853.62 Date of execution of will.
Ch. 853 Cross-reference Cross-reference: See definitions in ch. 851.
subch. I of ch. 853 SUBCHAPTER I
853.01 853.01 Capacity to make or revoke a will. Any person of sound mind 18 years of age or older may make and revoke a will.
853.01 Annotation Where proponent, confidant of testatrix and sole beneficiary, actively participated in the procurement, drafting and execution of the will under highly suspicious circumstances, a presumption of undue influence was raised. In re Estate of Malnar, 73 W (2d) 192, 243 NW (2d) 435.
853.01 Annotation "Disposition to influence" element of 4-factor test of undue influence means willingness to do something wrong or unfair to obtain a share of estate. Mere fact that will benefits alleged influencer does not prove "coveted-result" element of test. Elements of testamentary capacity discussed. In Matter of Estate of Becker, 76 W (2d) 336, 251 NW (2d) 431.
853.01 Annotation Two methods of proving undue influence discussed. In re Estate of Kamesar, 81 W (2d) 151, 259 NW (2d) 733.
853.01 Annotation Undue influence discussed. In re Estate of Taylor, 81 W (2d) 687, 260 NW (2d) 803.
853.01 Annotation Insane delusion as ground for objection to probate of will discussed. In re Estate of Evans, 83 W (2d) 259, 265 NW (2d) 529 (1978).
853.01 Annotation Legal guardianship in and of itself does not prove lack of testamentary capacity. In Matter of Estate of Sorensen, 87 W (2d) 339, 274 NW (2d) 694 (1979).
853.01 Annotation Parent-child relationships as "confidential relationship" discussed. In Matter of Estate of Sensenbrenner, 89 W (2d) 677, 278 NW (2d) 887 (1979).
853.01 Annotation Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
853.03 853.03 Execution of wills. Every will in order to be validly executed must be in writing and executed with all of the following formalities:
853.03(1) (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 another person at the testator's direction and in the testator's conscious presence.
853.03(2) (2) It must be signed by 2 or more witnesses, each of whom signed within a reasonable time after witnessing any of the following:
853.03(2)(a) (a) The signing of the will as provided under sub. (1).
853.03(2)(b) (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.
This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?