AB645-ASA1,29,2020 1. The testator executed the instrument as his or her will.
AB645-ASA1,29,2221 2. The testator signed willingly, or willingly directed another to sign for him or
22her.
AB645-ASA1,29,2323 3. The testator executed the will as a free and voluntary act.
AB645-ASA1,29,2524 4. Each of the witnesses, in the conscious presence of the testator, signed the
25will as witness.
AB645-ASA1,30,3
15. To the best of the knowledge of each witness, the testator was, at the time
2of execution, 18 years of age or older, of sound mind and under no constraint or undue
3influence.
AB645-ASA1,30,44 Testator: ....
AB645-ASA1,30,55 Witness: ....
AB645-ASA1,30,66 Witness: ....
AB645-ASA1,30,87 (b) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
8witnesses, this .... day of ...., .....
AB645-ASA1,30,99 (Seal) ....
AB645-ASA1,30,1010 (Signed): ....
AB645-ASA1,30,1111 (Official capacity of officer): ....
AB645-ASA1,30,14 12(3) Effect of affidavit. (a) A signature affixed to a self-proving affidavit
13attached to a will is considered a signature affixed to the will, if necessary to prove
14the due execution of the will.
AB645-ASA1,30,1615 (b) Inclusion in a will of an affidavit in substantially the form under sub. (1)
16or (2) is conclusive evidence that the will was executed in compliance with s. 853.03.
AB645-ASA1, s. 130 17Section 130. 853.05 of the statutes is repealed and recreated to read:
AB645-ASA1,30,20 18853.05 Execution of wills outside the state or by nonresidents within
19this state.
(1) A will is validly executed if it is in writing and any of the following
20applies:
AB645-ASA1,30,2121 (a) The will is executed according to s. 853.03.
AB645-ASA1,30,2322 (b) The will is executed in accordance with the law, at the time of execution or
23at the time of death, of any of the following:
AB645-ASA1,30,2424 1. The place where the will was executed.
AB645-ASA1,31,2
12. The place where the testator resided, was domiciled or was a national at the
2time of execution.
AB645-ASA1,31,43 3. The place where the testator resided, was domiciled or was a national at the
4time of death.
AB645-ASA1,31,6 5(2) Any will under sub. (1) (b) has the same effect as if executed in this state
6in compliance with s. 853.03.
AB645-ASA1, s. 131 7Section 131. 853.07 (2) of the statutes is amended to read:
AB645-ASA1,31,138 853.07 (2) A will is not Neither a will nor any of its provisions is invalidated
9because it the will is signed by an interested witness; but, unless the will is also
10signed by 2 disinterested witnesses, any beneficial provisions of the will for a witness
11or the spouse of the witness are invalid to the extent that such provisions in the
12aggregate exceed in value what the witness or spouse would have received had the
13testator died intestate. Valuation is to be made as of testator's death
.
AB645-ASA1, s. 132 14Section 132. 853.07 (3) of the statutes is repealed.
AB645-ASA1, s. 133 15Section 133. 853.11 (1) (title) of the statutes is amended to read:
AB645-ASA1,31,1616 853.11 (1) (title) Subsequent Revocation by writing or physical act.
AB645-ASA1, s. 134 17Section 134. 853.11 (1) (intro.) and (a) of the statutes are consolidated,
18renumbered 853.11 (1) (a) and amended to read:
AB645-ASA1,31,2219 853.11 (1) (a) A will is revoked in whole or in part by: (a) A a subsequent will,
20codicil or other instrument which
that is executed in compliance with s. 853.03 or
21853.05 and which that revokes the prior will or a part thereof expressly or by
22inconsistency; or.
AB645-ASA1, s. 135 23Section 135. 853.11 (1) (b) of the statutes is renumbered 853.11 (1m) and
24amended to read:
AB645-ASA1,32,4
1853.11 (1m) (title) Revocation by physical act. Burning A will is revoked in
2whole or in part by burning
, tearing, canceling or , obliterating or destroying the will,
3or part, with the intent to revoke, by the testator or by some person in the testator's
4conscious presence and by the testator's direction.
AB645-ASA1, s. 136 5Section 136. 853.11 (1) (bm) of the statutes is created to read:
AB645-ASA1,32,86 853.11 (1) (bm) 1. A subsequent will wholly revokes the prior will if the testator
7intended the subsequent will to replace rather than supplement the prior will,
8regardless of whether the subsequent will expressly revokes the prior will.
AB645-ASA1,32,129 2. The testator is presumed to have intended a subsequent will to replace,
10rather than supplement, the prior will if the subsequent will completely disposes of
11the testator's estate. If this presumption arises and is not rebutted by clear and
12convincing evidence, the prior will is revoked.
AB645-ASA1,32,1713 3. The testator is presumed to have intended a subsequent will to supplement,
14rather than replace, the prior will if the subsequent will does not completely dispose
15of the testator's estate. If this presumption arises and is not rebutted by clear and
16convincing evidence, the subsequent will revokes the prior will only to the extent of
17any inconsistency.
AB645-ASA1, s. 137 18Section 137. 853.11 (2) of the statutes is repealed and recreated to read:
AB645-ASA1,32,2119 853.11 (2) Premarital will. (a) Entitlement of surviving spouse. Subject to par.
20(c), if the testator married the surviving spouse after the testator executed his or her
21will, the surviving spouse is entitled to a share of the probate estate.
AB645-ASA1,32,2522 (b) Value of share. The value of the share under par. (a) is the value of the share
23that the surviving spouse would have received had the testator died with an intestate
24estate equal to the value of the net estate of the decedent less the value of all of the
25following:
AB645-ASA1,33,3
11. All devises to or for the benefit of the testator's children who were born before
2the marriage to the surviving spouse and who are not also the children of the
3surviving spouse.
AB645-ASA1,33,44 2. All devises to or for the benefit of the issue of a child described in subd. 1.
AB645-ASA1,33,65 3. All devises that pass under s. 854.06, 854.07, 854.21 or 854.22 to or for the
6benefit of children described in subd. 1. or issue of those children.
AB645-ASA1,33,77 (c) Exceptions. Paragraph (a) does not apply if any of the following applies:
AB645-ASA1,33,98 1. It appears from the will or other evidence that the will was made in
9contemplation of the testator's marriage to the surviving spouse.
AB645-ASA1,33,1210 2. It appears from the will or other evidence that the will is intended to be
11effective notwithstanding any subsequent marriage, or there is sufficient evidence
12that the testator considered revising the will after marriage but decided not to.
AB645-ASA1,33,1613 3. The testator provided for the spouse by transfer outside the will and the
14intent that the transfer be in lieu of a testamentary provision is shown by the
15testator's statements or is reasonably inferred from the amount of the transfer or
16other evidence.
AB645-ASA1,33,1917 4. The testator and the spouse have entered into an agreement that complies
18with ch. 766 and that provides for the spouse or specifies that the spouse is to have
19no rights in the testator's estate.
AB645-ASA1,33,2020 (d) Priority and abatement. In satisfying the share provided by this subsection:
AB645-ASA1,33,2221 1. Amounts received by the surviving spouse under s. 861.02 and devises made
22by will to the surviving spouse are applied first.
AB645-ASA1,33,2423 2. Devises other than those described in par. (b) 1. to 3. abate as provided under
24s. 854.18.
AB645-ASA1, s. 138 25Section 138. 853.11 (3) of the statutes is repealed and recreated to read:
AB645-ASA1,34,2
1853.11 (3) Former spouse. The effect of a transfer under a will to a former
2spouse is governed by s. 854.15.
AB645-ASA1, s. 139 3Section 139. 853.11 (3m) of the statutes is repealed and recreated to read:
AB645-ASA1,34,64 853.11 (3m) Intentional killing of decedent by beneficiary. If a beneficiary
5under a will killed the decedent, the rights of that beneficiary are governed by s.
6854.14.
AB645-ASA1, s. 140 7Section 140. 853.11 (6) of the statutes is repealed and recreated to read:
AB645-ASA1,34,138 853.11 (6) Revival of revoked will. (a) If a subsequent will that partly revoked
9a previous will is itself revoked by a revocatory act under sub. (1m), the revoked part
10of the previous will is revived. This paragraph does not apply if it is evident from the
11circumstances of the revocation of the subsequent will or from the testator's
12contemporary or subsequent declarations that the testator did not intend the
13revoked part of the previous will to take effect as executed.
AB645-ASA1,34,1814 (b) If a subsequent will that wholly revoked a previous will is itself revoked by
15a revocatory act under sub. (1m), the previous will remains revoked unless it is
16revived. The previous will is revived if it is evident from the circumstances of the
17revocation of the subsequent will or from the testator's contemporary or subsequent
18declarations that the testator intended the previous will to take effect as executed.
AB645-ASA1,34,2419 (c) If a subsequent will that wholly or partly revoked a previous will is itself
20revoked by another, later will, the previous will or its revoked part remains revoked,
21unless it or its revoked part is revived. The previous will or its revoked part is revived
22to the extent that it appears from the terms of the later will, or from the testator's
23contemporary or subsequent declarations, that the testator intended the previous
24will to take effect.
AB645-ASA1,35,2
1(d) In the absence of an original valid will, establishment of the execution and
2validity of the revived will or part is governed by s. 856.17.
AB645-ASA1, s. 141 3Section 141. 853.13 of the statutes is repealed and recreated to read:
AB645-ASA1,35,5 4853.13 Contracts. (1) A contract to make a will or devise, not to revoke a will
5or devise or to die intestate may be established only by any of the following:
AB645-ASA1,35,66 (a) Provisions of a will stating the material provisions of the contract.
AB645-ASA1,35,87 (b) An express reference in a will to a contract and extrinsic evidence proving
8the terms of the contract.
AB645-ASA1,35,109 (c) A valid written contract, including a marital property agreement under s.
10766.58 (3) (e).
AB645-ASA1,35,1111 (d) Clear and convincing extrinsic evidence.
AB645-ASA1,35,13 12(2) The execution of a joint will or mutual wills does not create a presumption
13of a contract not to revoke the will or wills.
AB645-ASA1, s. 142 14Section 142. 853.15 (1) of the statutes is renumbered 853.15 (1) (a) and
15amended to read:
AB645-ASA1,35,2016 853.15 (1) (a) Unless the will provides otherwise, this subsection applies if a
17will gives a bequest or devise to one beneficiary and also clearly purports to give to
18another beneficiary a property interest which that does not pass under the will but
19belongs to the first beneficiary by right of ownership, survivorship, beneficiary
20designation, election under s. 861.02 (1) or otherwise .
AB645-ASA1,36,2 21(b) If the conditions in par. (a) are fulfilled, the first beneficiary must elect
22either to take under the will and transfer his or her property interest in accordance
23with the will, or to retain his or her property interest and not take under the will.
24If the first beneficiary elects not to take under the will, unless the will provides
25otherwise the bequest or his or her devise given him or her under the will is to shall

1be assigned by the court to the other beneficiary in lieu of the property interest which
2does not pass under the will
.
AB645-ASA1,36,5 3(c) This section does not require an election if the property interest belongs to
4the first beneficiary by reason because of transfer or beneficiary designation made
5by the decedent after the execution of the will.
AB645-ASA1, s. 143 6Section 143. 853.16 (title) of the statutes is repealed.
AB645-ASA1, s. 144 7Section 144. 853.16 (1) of the statutes is renumbered 853.32 (2) (a).
AB645-ASA1, s. 145 8Section 145. 853.16 (2) of the statutes is renumbered 853.32 (2) (b) and
9amended to read:
AB645-ASA1,36,1310 853.32 (2) (b) Another document under sub. (1) par. (a) is valid even if it does
11not exist when the will is executed, even if it is changed after the will is executed and
12even if it has no significance except for its effect on the disposition of property by the
13will.
AB645-ASA1, s. 146 14Section 146. 853.19 of the statutes is repealed and recreated to read:
AB645-ASA1,36,16 15853.19 Advancement. The effect of a lifetime gift by the testator on the rights
16of a beneficiary under the will is governed by s. 854.09.
AB645-ASA1, s. 147 17Section 147. 853.25 (1) of the statutes is repealed and recreated to read:
AB645-ASA1,36,2118 853.25 (1) Children born or adopted after making of the will. (a)
19Applicability. Except as provided in sub. (5), if a will fails to provide for a child of the
20testator born or adopted after execution of the will, the child is entitled to a share of
21the estate unless any of the following applies:
AB645-ASA1,36,2322 1. It appears from the will or from other evidence that the omission was
23intentional.
AB645-ASA1,37,224 2. The testator provided for the omitted child by transfer outside the will and
25the intent that the transfer be in lieu of a testamentary provision is shown by the

1testator's statements or is reasonably inferred from the amount of the transfer or
2other evidence.
AB645-ASA1,37,103 (b) Share if testator had no living child at execution. Except as provided in sub.
4(5), if a will fails to provide for a child of the testator born or adopted after the
5execution of the will and the testator had no child living when he or she executed the
6will, the omitted child receives a share in the estate equal in value to that which the
7child would have received under ch. 852. This paragraph does not apply if the will
8devised all or substantially all of the estate to or for the benefit of the other parent
9of the omitted child and that other parent survives the testator and is entitled to take
10under the will.
AB645-ASA1,37,1511 (c) Share if testator had living child at execution. Except as provided in sub.
12(5), if a will fails to provide for a child of the testator born or adopted after the
13execution of the will and the testator had one or more children living when he or she
14executed the will and the will devised property to one or more of the then-living
15children, the omitted child is entitled to share in the testator's estate as follows:
AB645-ASA1,37,1716 1. The portion that the omitted child is entitled to share is limited to devises
17made to the testator's then-living children under the will.
AB645-ASA1,37,2118 2. The omitted child is entitled to receive the share of the testator's estate, as
19limited in subd. 1., that the child would have received had the testator included all
20omitted after-born and after-adopted children with the children to whom devises
21were made under the will and had given an equal share of the estate to each child.
AB645-ASA1,37,2422 3. To the extent feasible, the interest granted an omitted child under this
23section shall be of the same character, whether equitable or legal, present or future,
24as that devised to the testator's then-living children under the will.
AB645-ASA1,38,4
14. In satisfying a share provided by this paragraph, devises to the testator's
2children who were living when the will was executed abate ratably. In abating the
3devises of the then-living children, the court shall preserve to the maximum extent
4possible the character of the testamentary plan adopted by the testator.
AB645-ASA1,38,85 (d) Rights of issue. Except as provided in sub. (5), if a child entitled to a share
6under this section dies before the testator, and the child leaves issue who survive the
7testator, the issue who represent the deceased child are entitled to the deceased
8child's share.
AB645-ASA1, s. 148 9Section 148. 853.25 (2) of the statutes is amended to read:
AB645-ASA1,38,1910 853.25 (2) Living issue omitted by mistake. If Except as provided in sub. (5),
11if
clear and convincing evidence proves that by mistake or accident the testator failed
12to provide in the testator's will for a child living at the time of making of the will, or
13for the issue of any then deceased child, by mistake or accident, including the
14mistaken belief that the child or issue of a deceased child was dead at the time the
15will was executed,
the child or issue is entitled to receive a share in the estate of the
16testator equal in value to the share which the child or issue would have received if
17the testator had died intestate. But failure
, as provided under sub. (1), as if the child
18or issue was born or adopted after the execution of the will. Failure
to mention a child
19or issue in the will is not in itself evidence of mistake or accident.
AB645-ASA1, s. 149 20Section 149. 853.25 (4) of the statutes is amended to read:
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