AB645,39,1815 4. In satisfying a share provided by this paragraph, devises to the testator's
16children who were living when the will was executed abate ratably. In abating the
17devises of the then-living children, the court shall preserve to the maximum extent
18possible the character of the testamentary plan adopted by the testator.
AB645,39,2219 (d) Rights of issue. Except as provided in sub. (5), if a child entitled to a share
20under this section dies before the testator, and the child leaves issue who survive the
21testator, the issue who represent the deceased child are entitled to the deceased
22child's share.
AB645, s. 147 23Section 147. 853.25 (2) of the statutes is amended to read:
AB645,40,824 853.25 (2) Living issue omitted by mistake. If Except as provided in sub. (5),
25if
clear and convincing evidence proves that by mistake or accident the testator failed

1to provide in the testator's will for a child living at the time of making of the will, or
2for the issue of any then deceased child, by mistake or accident, including the
3mistaken belief that the child or issue of a deceased child was dead at the time the
4will was executed,
the child or issue is entitled to receive a share in the estate of the
5testator equal in value to the share which the child or issue would have received if
6the testator had died intestate. But failure
, as provided under sub. (1), as if the child
7or issue was born or adopted after the execution of the will. Failure
to mention a child
8or issue in the will is not in itself evidence of mistake or accident.
AB645, s. 148 9Section 148. 853.25 (4) of the statutes is amended to read:
AB645,40,1210 853.25 (4) From what estate share is to be taken. Except as provided in sub.
11(5), the court shall in its final judgment assign the a share provided by this section
12under sub. (1) (b) as follows:
AB645,40,1313 (a) From any First, from intestate property first;.
AB645,40,2014 (b) The Any balance from each of the beneficiaries devise to a beneficiary under
15the will in proportion to the value of the estate each beneficiary would have received
16under the will as written, unless. If the obvious intention of the testator, shown by
17clear and convincing evidence,
in relation to some specific gift or other provision in
18the will would thereby be defeated, in which case by assignment of the share as
19provided in this paragraph,
the court may adopt a different apportionment and may
20exempt a specific gift devise or other provision.
AB645, s. 149 21Section 149. 853.25 (5) of the statutes is amended to read:
AB645,41,822 853.25 (5) Discretionary power of court to assign different share. If in any
23case under sub. (1) or (2) the court determines that the intestate share is in a larger
24different amount than or form from what the testator would have wanted to provide
25for the omitted child or issue of a deceased child, because it exceeds the value of a

1provision for another child or for issue of a deceased child under the will, or that
2assignment of the intestate share would unduly disrupt the testamentary scheme,

3the court may in its final judgment make such provision for the omitted child or issue
4out of the estate as it deems would best accord with the probable intent of the testator,
5such as assignment, outright or in trust, of any amount less than the intestate share
6but approximating the value of the interest of other issue, or modification of the
7provisions of a testamentary trust for other issue to include the omitted child or
8issue
.
AB645, s. 150 9Section 150. 853.27 of the statutes is repealed and recreated to read:
AB645,41,11 10853.27 Lapse. The rights under a will of a beneficiary who predeceases the
11testator are governed by s. 854.06.
AB645, s. 151 12Section 151. 853.29 of the statutes is amended to read:
AB645,41,16 13853.29 After-acquired property. A will is presumed to pass all property
14which that the testator owns at the testator's death and which that the testator has
15power to transmit transfer by will, including property acquired by the testator after
16the execution of the will or acquired by the testator's estate.
AB645, s. 152 17Section 152. 853.32 of the statutes is created to read:
AB645,41,20 18853.32 Effect of reference to another document. (1) Incorporation. A
19will may incorporate by reference another writing or document if all of the following
20apply:
AB645,41,2221 (a) The will, either expressly or as construed from extrinsic evidence, manifests
22an intent to incorporate the other writing or document.
AB645,41,2323 (b) The other writing or document was in existence when the will was executed.
AB645,41,2524 (c) The other writing or document is sufficiently described in the will to permit
25identification with reasonable certainty.
AB645,42,1
1(d) The will was executed in compliance with s. 853.03 or 853.05.
AB645,42,2 2(2) Disposition of tangible personal property.
AB645,42,113 (c) If the document described in par. (a) is not located by the personal
4representative, or delivered to the personal representative or circuit court with
5jurisdiction over the matter, within 30 days after the appointment of the personal
6representative, the personal representative may dispose of tangible personal
7property according to the provisions of the will as if no such document exists. If a
8valid document is located after some or all of the tangible personal property has been
9disposed of, the document controls the distribution of the property described in it, but
10the personal representative incurs no liability for the prior distribution or sale of the
11property, as long as the time specified in this paragraph has elapsed.
AB645,42,1312 (d) The duties and liability of a person who has custody of a document described
13in par. (a), or information about such a document, are governed by s. 856.05.
AB645,42,1514 (e) Beneficiaries under a document that is described in par. (a) are not
15interested parties for purposes of s. 879.03.
AB645,42,18 16(3) Transfers to living trusts. The validity and implementation of a will
17provision that purports to transfer or appoint property to a living trust are governed
18by s. 701.08.
AB645, s. 153 19Section 153. 853.325 of the statutes is created to read:
AB645,43,2 20853.325 Effect of reference to acts or events. A will may dispose of
21property by reference to acts or events that have significance apart from their effect
22on the disposition of property under the will and that do not occur solely for the
23purpose of determining the disposition of property under the will. Reference to the
24execution or revocation of another individual's will fulfills the requirements under

1this section. This section applies whether the acts or events occur before or after
2execution of the will or before or after the testator's death.
AB645, s. 154 3Section 154. 853.33 of the statutes is repealed and recreated to read:
AB645,43,5 4853.33 Gift of securities. Section 854.11 governs gifts of securities under a
5will.
AB645, s. 155 6Section 155. 853.35 of the statutes is repealed and recreated to read:
AB645,43,9 7853.35 Nonademption of specific gifts in certain instances. The rights
8of a beneficiary with respect to a specific gift that is destroyed, damaged, sold or
9condemned before the testator's death are governed by s. 854.08.
AB645, s. 156 10Section 156. 853.40 of the statutes is repealed and recreated to read:
AB645,43,12 11853.40 Disclaimer. A person to whom property would otherwise pass under
12a will may disclaim all or part of the property as provided in s. 854.13.
AB645, s. 157 13Section 157. 853.41 of the statutes is created to read:
AB645,43,16 14853.41 Applicability of general transfers at death provisions. Chapter
15854 applies to transfers under wills, including transfers under a Wisconsin basic will
16or basic will with trust.
AB645, s. 158 17Section 158. Subchapter II (title) of chapter 853 [precedes 853.50] of the
18statutes is created to read:
AB645,43,1919 Chapter 853
AB645,43,2120 Subchapter II
21 Wisconsin basic wills
AB645, s. 159 22Section 159. 853.50 (1) of the statutes is amended to read:
AB645,43,2523 853.50 (1) "By right of representation" means that the issue of a deceased
24person inherit the share of an estate that their immediate ancestor would have
25inherited, if living
according to the method specified in s. 854.04 (1).
AB645, s. 160
1Section 160. 853.50 (3) of the statutes is amended to read:
AB645,44,52 853.50 (3) "Issue" means children, grandchildren, great-grandchildren, and
3lineal descendants of more remote degrees, including those who occupy that relation
4by reason of adoption under s. 851.51 854.20 and nonmarital children who are not
5legitimate
and their lineal descendants to the extent provided by s. 852.05.
AB645, s. 161 6Section 161. 853.51 (2) of the statutes is repealed and recreated to read:
AB645,44,77 853.51 (2) The witnesses shall comply with s. 853.03 (2).
AB645, s. 162 8Section 162. 853.55 (Article 3) 3.3. of the statutes is repealed and recreated
9to read:
AB645,44,1010 853.55 (Article 3) 3.3. BOND.
AB645,44,1411 My signature in this box means I request that a bond, as set by law, be required
12for each individual personal representative or guardian named in this will. IF I DO
13NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED FOR
14ANY OF THOSE PERSONS.
AB645,44,1616 I sign my name to this Wisconsin Basic Will on ....... (date), at ........ (city), ........ (state).
AB645,44,1717 Signature of Testator
AB645,44,1918 STATEMENT OF WITNESSES (You must use two witnesses, who should be
19adults.)
AB645,44,2320 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.
AB645,44,2424 Signature Residence Address:
AB645,44,2525 Print Name
AB645,45,1
1Here: Date Signed:
AB645,45,52 I declare that the testator signed the will in front of me, acknowledged to me
3that this document was his or her will or acknowledged to me that the signature
4above is his or her signature. The testator appears to me to be of sound mind and
5not under undue influence.
AB645,45,66 Signature Residence Address:
AB645,45,77 Print Name
AB645,45,88 Here: Date Signed:
AB645, s. 163 9Section 163. 853.55 (NOTICE) 6. of the statutes is amended to read:
AB645,45,1510 853.55 (NOTICE) 6. THE WITNESSES TO THIS WILL SHOULD NOT BE
11PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
12READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
13DESCRIBED AT THE END OF THIS WILL. ALL OF THE WITNESSES MUST
14WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
15NAME WITH YOU AND THE OTHER WITNESS PRESENT.
AB645, s. 164 16Section 164. 853.56 (Article 3) 3.4. of the statutes is repealed and recreated
17to read:
AB645,45,1818 853.56 (Article 3) 3.4. BOND.
AB645,45,2219 My signature in this box means I request that a bond, as set by law, be required
20for each individual personal representative, trustee or guardian named in this will.
21IF I DO NOT SIGN IN THIS BOX, I REQUEST THAT A BOND NOT BE REQUIRED
22FOR ANY OF THOSE PERSONS.
AB645,45,2424 I sign my name to this Wisconsin Basic Will With Trust on ... (date), at..(city),.. (state).
AB645,45,2525 Signature of Testator
AB645,46,2
1STATEMENT OF WITNESSES (You must use two witnesses, who should be
2adults.)
AB645,46,63 I declare that the testator signed the will in front of me, acknowledged to me
4that this document was his or her will or acknowledged to me that the signature
5above is his or her signature. The testator appears to me to be of sound mind and
6not under undue influence.
AB645,46,77 Signature Residence Address:
AB645,46,88 Print Name
AB645,46,99 Here: Date Signed:
AB645,46,1310 I declare that the testator signed the will in front of me, acknowledged to me
11that this document was his or her will or acknowledged to me that the signature
12above is his or her signature. The testator appears to me to be of sound mind and
13not under undue influence.
AB645,46,1414 Signature Residence Address:
AB645,46,1515 Print Name
AB645,46,1616 Here: Date Signed:
AB645, s. 165 17Section 165. 853.56 (NOTICE) 7. of the statutes is amended to read:
AB645,46,2318 853.56 (NOTICE) 7. THE WITNESSES TO THIS WILL SHOULD NOT BE
19PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD
20READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE
21DESCRIBED AT THE END OF THIS WILL. ALL OF THE WITNESSES MUST
22WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER
23NAME WITH YOU AND THE OTHER WITNESS PRESENT.
AB645, s. 166 24Section 166. 853.59 (form) (a) of the statutes is amended to read:
AB645,47,5
1853.59 (form) (a) TO MY SPOUSE IF LIVING; IF NOT LIVING, THEN IN
2ONE TRUST TO PROVIDE FOR THE SUPPORT AND EDUCATION OF MY
3CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILD BY RIGHT
4OF REPRESENTATION
UNTIL I HAVE NO LIVING CHILD UNDER 21 YEARS
5OF AGE.
AB645, s. 167 6Section 167. 853.59 (form) (2) (a) of the statute is amended to read:
AB645,47,207 853.59 (form) (2) (a) As long as any child of mine under 21 years of age is living,
8the trustee shall distribute from time to time to or for the benefit of any one or more
9of my children and the descendants of any deceased child (the beneficiaries) by right
10of representation
of any age as much, or all, of the principal or net income of the trust
11or both, as the trustee deems necessary for their health, support, maintenance and
12education. Any undistributed income shall be accumulated and added to the
13principal. "Education" includes, but is not limited to, college, vocational and other
14studies after high school, and reasonably related living expenses. Consistent with
15the trustee's fiduciary duties, the trustee may distribute trust income or principal in
16equal or unequal shares and to any one or more of the beneficiaries to the exclusion
17of other beneficiaries. In deciding on distributions, the trustee may take into account
18the beneficiaries' other income, outside resources or sources of support, including the
19capacity for gainful employment of a beneficiary who has completed his or her
20education.
AB645, s. 168 21Section 168. Chapter 854 of the statutes is created to read:
AB645,47,2422 Chapter 854
23 transfers at death —
24 General rules
AB645,48,7
1854.01 Definition. In this chapter, "governing instrument" means a will; a
2deed; a trust instrument; an insurance or annuity policy; a contract; a pension,
3profit-sharing, retirement or similar benefit plan; a marital property agreement
4under s. 766.58 (3) (f); a beneficiary designation under s. 40.02 (8) (a); an instrument
5under ch. 705; an instrument that creates or exercises a power of appointment or any
6other dispositive, appointive or nominative instrument that transfers property at
7death.
AB645,48,9 8854.02 Scope. This chapter applies to all statutes and governing instruments
9that transfer property at death.
AB645,48,15 10854.03 Requirement of survival by 120 hours. (1) Requirement of
11survival.
Except as provided in sub. (5), if property is transferred to an individual
12under a statute or under a provision in a governing instrument that requires the
13individual to survive an event and it is not established that the individual survived
14the event by at least 120 hours, the individual is considered to have predeceased the
15event.
AB645,48,20 16(2) Coowners with right of survivorship. (a) In this subsection, "coowners
17with right of survivorship" includes joint tenants, owners of survivorship marital
18property and other coowners of property or accounts that are held under
19circumstances that entitle one or more persons to all of the property or account upon
20the death of one or more of the others.
AB645,48,2521 (b) Except as provided in sub. (5), if property is transferred under a governing
22instrument that establishes 2 or more coowners with survivorship, and if it is not
23established that at least one of the coowners survived the others by at least 120
24hours, the property is transferred to the coowners in proportion to their ownership
25interests.
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