AB645-ASA1,25,2424 852.05 (4) Section 895.01 (1) applies to paternity proceedings under ch. 767.
AB645-ASA1, s. 119 25Section 119. 852.09 of the statutes is repealed and recreated to read:
AB645-ASA1,26,3
1852.09 Assignment of home to surviving spouse. If the intestate estate
2includes an interest in a home, assignment of that interest to the surviving spouse
3is governed by s. 861.21.
AB645-ASA1, s. 120 4Section 120. 852.10 of the statutes is created to read:
AB645-ASA1,26,7 5852.10 Disinheritance from intestate share. (1) A decedent's will may
6exclude or limit the right of an individual or class to succeed to property passing by
7intestate succession.
AB645-ASA1,26,10 8(2) The share of the intestate estate that would have passed to the individual
9or class described in sub. (1) passes as if the individual or each member of the class
10had disclaimed his or her intestate share under s. 854.13.
AB645-ASA1,26,12 11(3) This section does not apply if the individual or all members of the class
12described in sub. (1) predecease the testator.
AB645-ASA1, s. 121 13Section 121. 852.11 of the statutes is repealed and recreated to read:
AB645-ASA1,26,15 14852.11 Advancement. The effect of a lifetime gift by the decedent on the
15intestate share of an heir is governed by s. 854.09.
AB645-ASA1, s. 122 16Section 122. 852.12 of the statutes is created to read:
AB645-ASA1,26,21 17852.12 Debts to decedent. If an heir owes a debt to the decedent, the debt
18shall be charged against the intestate share of the debtor, regardless of whether the
19debt has been discharged in bankruptcy. If the debtor fails to survive the decedent,
20the debt shall not be taken into account in computing the intestate shares of the
21debtor's issue.
AB645-ASA1, s. 123 22Section 123. 852.13 of the statutes is amended to read:
AB645-ASA1,26,25 23852.13 Right to disclaim intestate share. Any person to whom property
24would otherwise pass under s. 852.01 may disclaim all or part of the property as
25provided under s. 853.40 854.13.
AB645-ASA1, s. 124
1Section 124. Subchapter I (title) of chapter 853 [precedes 853.01] of the
2statutes is created to read:
AB645-ASA1,27,33 Chapter 853
AB645-ASA1,27,54 Subchapter I
5 General rules
AB645-ASA1, s. 125 6Section 125. 853.03 (intro.) of the statutes is amended to read:
AB645-ASA1,27,8 7853.03 Execution of wills. (intro.) Every will in order to be validly executed
8must be in writing and executed with all of the following formalities:
AB645-ASA1, s. 126 9Section 126. 853.03 (1) of the statutes is amended to read:
AB645-ASA1,27,1410 853.03 (1) It must be signed by the testator, by the testator with the assistance
11of another person with the testator's consent
or in the testator's name by one of the
12witnesses or some other
another person at the testator's express direction and in the
13testator's conscious presence, such a proxy signing either to take place or to be
14acknowledged by the testator in the presence of the witnesses; and
.
AB645-ASA1, s. 127 15Section 127 . 853.03 (2) of the statutes is renumbered 853.03 (2) (intro.) and
16amended to read:
AB645-ASA1,27,1917 853.03 (2) (intro.) It must be signed by 2 or more witnesses in the presence of
18the testator and in the presence of each other.
, each of whom signed within a
19reasonable time after witnessing any of the following:
AB645-ASA1, s. 128 20Section 128. 853.03 (2) (a), (b) and (c) of the statutes are created to read:
AB645-ASA1,27,2121 853.03 (2) (a) The signing of the will as provided under sub. (1).
AB645-ASA1,27,2322 (b) The testator's implicit or explicit acknowledgement of the testator's
23signature on the will, within the conscious presence of each of the witnesses.
AB645-ASA1,27,2524 (c) The testator's implicit or explicit acknowledgement of the will, within the
25conscious presence of each of the witnesses.
AB645-ASA1, s. 129
1Section 129. 853.04 of the statutes is created to read:
AB645-ASA1,28,7 2853.04 Self-proved will. (1) One-step procedure. A will may be
3simultaneously executed, attested and made self-proved by the affidavit of the
4testator and witnesses. The affidavit must be made before an officer authorized to
5administer oaths under the laws of the state in which execution occurs and must be
6evidenced by the officer's certificate, under official seal, in substantially the following
7form:
AB645-ASA1,28,98 (a) I, ...., the testator, sign my name to this instrument this .... day of ...., and
9being first duly sworn, declare to the undersigned authority all of the following:
AB645-ASA1,28,1010 1. I execute this instrument as my will.
AB645-ASA1,28,1111 2. I sign this will willingly, or willingly direct another to sign for me.
AB645-ASA1,28,1312 3. I execute this will as my free and voluntary act for the purposes expressed
13therein.
AB645-ASA1,28,1514 4. I am 18 years of age or older, of sound mind and under no constraint or undue
15influence.
AB645-ASA1,28,1616 Testator: ....
AB645-ASA1,28,1817 (b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this
18instrument and declare to the undersigned authority all of the following:
AB645-ASA1,28,1919 1. The testator executes this instrument as his or her will.
AB645-ASA1,28,2120 2. The testator signs it willingly, or willingly directs another to sign for him or
21her.
AB645-ASA1,28,2322 3. Each of us, in the conscious presence of the testator, signs this will as a
23witness.
AB645-ASA1,28,2524 4. To the best of our knowledge, the testator is 18 years of age or older, of sound
25mind and under no constraint or undue influence.
AB645-ASA1,29,1
1Witness: ....
AB645-ASA1,29,22 Witness: ....
AB645-ASA1,29,33 State of ....
AB645-ASA1,29,44 County of ....
AB645-ASA1,29,65 (c) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
6witnesses, this .... day of ...., .....
AB645-ASA1,29,77 (Seal) ....
AB645-ASA1,29,88 (Signed): ....
AB645-ASA1,29,99 (Official capacity of officer): ....
AB645-ASA1,29,14 10(2) Two-step procedure. An attested will may be made self-proved at any time
11after its execution by the affidavit of the testator and witnesses. The affidavit must
12be made before an officer authorized to administer oaths under the laws of the state
13in which the affidavit occurs and must be evidenced by the officer's certificate, under
14official seal, attached or annexed to the will in substantially the following form:
AB645-ASA1,29,1515 State of ....
AB645-ASA1,29,1616 County of ....
AB645-ASA1,29,1917 (a) We, ...., ...., and ...., the testator and the witnesses whose names are signed
18to the foregoing instrument, being first duly sworn, do declare to the undersigned
19authority all of the following:
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:
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