AB645,27,224 852.05 (2) Property of a nonmarital child passes in accordance with s. 852.01
25except that the father or the father's kindred can inherit only if the father has been

1adjudicated to be the father in a paternity proceeding under ch. 767 or by final order
2or judgment of a court of competent jurisdiction in another state
.
AB645, s. 116 3Section 116. 852.05 (3) of the statutes is amended to read:
AB645,27,64 852.05 (3) This section does not apply to a child who becomes a marital child
5by the subsequent marriage of the child's parents under s. 767.60. The status of a
6nonmarital child who is legally adopted is governed by s. 851.51 854.20.
AB645, s. 117 7Section 117. 852.05 (4) of the statutes is created to read:
AB645,27,88 852.05 (4) Section 895.01 (1) applies to paternity proceedings under ch. 767.
AB645, s. 118 9Section 118. 852.09 of the statutes is repealed and recreated to read:
AB645,27,12 10852.09 Assignment of home to surviving spouse. If the intestate estate
11includes an interest in a home, assignment of that interest to the surviving spouse
12is governed by s. 861.21.
AB645, s. 119 13Section 119. 852.10 of the statutes is created to read:
AB645,27,16 14852.10 Disinheritance from intestate share. (1) A decedent's will may
15exclude or limit the right of an individual or class to succeed to property passing by
16intestate succession.
AB645,27,20 17(2) If part of the testator's estate passes by intestacy, the share of the intestate
18estate that would have passed to the individual or class described in sub. (1) passes
19as if the individual or each member of the class had disclaimed his or her intestate
20share under s. 854.13.
AB645,27,22 21(3) This section does not apply if the individual or all members of the class
22described in sub. (1) predecease the testator.
AB645, s. 120 23Section 120. 852.11 of the statutes is repealed and recreated to read:
AB645,27,25 24852.11 Advancement. The effect of a lifetime gift by the decedent on the
25intestate share of an heir is governed by s. 854.09.
AB645, s. 121
1Section 121. 852.12 of the statutes is created to read:
AB645,28,6 2852.12 Debts to decedent. If an heir owes a debt to the decedent, the debt
3shall be charged against the intestate share of the debtor, regardless of whether the
4debt has been discharged in bankruptcy. If the debtor fails to survive the decedent,
5the debt shall not be taken into account in computing the intestate shares of the
6debtor's issue.
AB645, s. 122 7Section 122. 852.13 of the statutes is amended to read:
AB645,28,10 8852.13 Right to disclaim intestate share. Any person to whom property
9would otherwise pass under s. 852.01 may disclaim all or part of the property as
10provided under s. 853.40 854.13.
AB645, s. 123 11Section 123. Subchapter I (title) of chapter 853 [precedes 853.01] of the
12statutes is created to read:
AB645,28,1313 Chapter 853
AB645,28,1514 Subchapter I
15 General rules
AB645, s. 124 16Section 124. 853.03 (intro.) of the statutes is amended to read:
AB645,28,18 17853.03 Execution of wills. (intro.) Every will in order to be validly executed
18must be in writing and executed with all of the following formalities:
AB645, s. 125 19Section 125. 853.03 (1) of the statutes is amended to read:
AB645,28,2420 853.03 (1) It must be signed by the testator, by the testator with the assistance
21of another person with the testator's consent
or in the testator's name by one of the
22witnesses or some other
another person at the testator's express direction and in the
23testator's conscious presence, such a proxy signing either to take place or to be
24acknowledged by the testator in the presence of the witnesses; and
.
AB645, s. 126
1Section 126 . 853.03 (2) of the statutes is renumbered 853.03 (2) (intro.) and
2amended to read:
AB645,29,53 853.03 (2) (intro.) It must be signed by 2 or more witnesses in the presence of
4the testator and in the presence of each other.
, each of whom signed within a
5reasonable time after witnessing any of the following:
AB645, s. 127 6Section 127. 853.03 (2) (a), (b) and (c) of the statutes are created to read:
AB645,29,77 853.03 (2) (a) The signing of the will as provided under sub. (1).
AB645,29,98 (b) The testator's implicit or explicit acknowledgement, within the witness'
9conscious presence, of the testator's signature on the will.
AB645,29,1110 (c) The testator's implicit or explicit acknowledgement, within the witness'
11conscious presence, of the will.
AB645, s. 128 12Section 128. 853.04 of the statutes is created to read:
AB645,29,18 13853.04 Self-proved will. (1) One-step procedure. A will may be
14simultaneously executed, attested and made self-proved by acknowledgment by the
15testator and affidavits of the witnesses. The acknowledgment and affidavits must
16be made before an officer authorized to administer oaths under the laws of the state
17in which execution occurs and must be evidenced by the officer's certificate, under
18official seal, in substantially the following form:
AB645,29,2019 (a) I, ...., the testator, sign my name to this instrument this .... day of ...., and
20being first duly sworn, declare to the undersigned authority all of the following:
AB645,29,2121 1. I sign and execute this instrument as my will.
AB645,29,2222 2. I sign this will willingly (or willingly direct another to sign for me).
AB645,29,2423 3. I execute this will as my free and voluntary act for the purposes expressed
24therein.
AB645,30,2
14. I am 18 years of age or older, of sound mind and under no constraint or undue
2influence.
AB645,30,33 Testator: ....
AB645,30,54 (b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this
5instrument and declare to the undersigned authority all of the following:
AB645,30,66 1. The testator signs and executes this instrument as his or her will.
AB645,30,87 2. The testator signs it willingly (or willingly directs another to sign for him or
8her).
AB645,30,109 3. Each of us, in the conscious presence of the testator, hereby signs this will
10as witness.
AB645,30,1211 4. To the best of our knowledge, the testator is 18 years of age or older, of sound
12mind and under no constraint or undue influence.
AB645,30,1313 Witness: ....
AB645,30,1414 Witness: ....
AB645,30,1515 State of ....
AB645,30,1616 County of ....
AB645,30,1817 (c) Subscribed, sworn to and acknowledged before me by ...., the testator, and
18subscribed and sworn before me by ...., and ...., witnesses, this .... day of ...., .....
AB645,30,1919 (Seal) ....
AB645,30,2020 (Signed): ....
AB645,30,2121 (Official capacity of officer): ....
AB645,31,2 22(2) Two-step procedure. An attested will may be made self-proved at any time
23after its execution by the acknowledgment by the testator and the affidavits of the
24witnesses. The acknowledgment and affidavit must be made before an officer
25authorized to administer oaths under the laws of the state in which the

1acknowledgment occurs and must be evidenced by the officer's certificate, under
2official seal, attached or annexed to the will in substantially the following form:
AB645,31,33 State of ....
AB645,31,44 County of ....
AB645,31,75 (a) We, ...., ...., and ...., the testator and the witnesses, respectively, whose
6names are signed to the attached or foregoing instrument, being first duly sworn, do
7hereby declare to the undersigned authority all of the following:
AB645,31,88 1. The testator signed and executed the instrument as his or her will.
AB645,31,109 2. The testator signed willingly (or willingly directed another to sign for him
10or her).
AB645,31,1111 3. The testator executed the will as a free and voluntary act.
AB645,31,1312 4. Each of the witnesses, in the conscious presence of the testator, signed the
13will as witness.
AB645,31,1614 5. To the best of the knowledge of each witness, the testator was, at the time
15of execution, 18 years of age or older, of sound mind and under no constraint or undue
16influence.
AB645,31,1717 Testator: ....
AB645,31,1818 Witness: ....
AB645,31,1919 Witness: ....
AB645,31,2120 (b) Subscribed, sworn to and acknowledged before me by ...., the testator, and
21subscribed and sworn to before me by ...., and ...., witnesses, this .... day of ...., .....
AB645,31,2222 (Seal) ....
AB645,31,2323 (Signed): ....
AB645,31,2424 (Official capacity of officer): ....
AB645,32,3
1(3) Effect of affidavit. (a) A signature affixed to a self-proving affidavit
2attached to a will is considered a signature affixed to the will, if necessary to prove
3the due execution of the will.
AB645,32,64 (b) Inclusion in a will of an acknowledgment and affidavit in substantially the
5form under sub. (1) or (2) is conclusive evidence that the will was executed in
6compliance with s. 853.03.
AB645, s. 129 7Section 129. 853.05 of the statutes is repealed and recreated to read:
AB645,32,10 8853.05 Execution of wills outside the state or by nonresidents within
9this state.
(1) A will is validly executed if it is in writing and any of the following
10applies:
AB645,32,1111 (a) The will is executed according to s. 853.03.
AB645,32,1312 (b) The will is executed in accordance with the law, at the time of execution or
13at the time of death, of any of the following:
AB645,32,1414 1. The place where the will was executed.
AB645,32,1615 2. The place where the testator resided, was domiciled or was a national at the
16time of execution.
AB645,32,1817 3. The place where the testator resided, was domiciled or was a national at the
18time of death.
AB645,32,20 19(2) Any will under sub. (1) (b) has the same effect as if executed in this state
20in compliance with s. 853.03.
AB645, s. 130 21Section 130. 853.07 (2) of the statutes is amended to read:
AB645,33,222 853.07 (2) A will is not Neither a will nor any of its provisions is invalidated
23because it the will is signed by an interested witness; but, unless the will is also
24signed by 2 disinterested witnesses, any beneficial provisions of the will for a witness
25or the spouse of the witness are invalid to the extent that such provisions in the

1aggregate exceed in value what the witness or spouse would have received had the
2testator died intestate. Valuation is to be made as of testator's death
.
AB645, s. 131 3Section 131. 853.07 (3) of the statutes is repealed.
AB645, s. 132 4Section 132. 853.11 (1) (title) of the statutes is amended to read:
AB645,33,55 853.11 (1) (title) Subsequent Revocation by writing or physical act.
AB645, s. 133 6Section 133. 853.11 (1) (intro.) and (a) of the statutes are consolidated,
7renumbered 853.11 (1) (a) and amended to read:
AB645,33,118 853.11 (1) (a) A will is revoked in whole or in part by: (a) A a subsequent will,
9codicil or other instrument which
that is executed in compliance with s. 853.03 or
10853.05 and which that revokes the prior will or a part thereof expressly or by
11inconsistency; or.
AB645, s. 134 12Section 134. 853.11 (1) (b) of the statutes is renumbered 853.11 (1m) and
13amended to read:
AB645,33,1714 853.11 (1m) (title) Revocation by physical act. Burning A will is revoked in
15whole or in part by burning
, tearing, canceling or , obliterating or destroying the will,
16or part, with the intent to revoke, by the testator or by some person in the testator's
17conscious presence and by the testator's direction.
AB645, s. 135 18Section 135. 853.11 (1) (bm) of the statutes is created to read:
AB645,33,2119 853.11 (1) (bm) 1. A subsequent will wholly revokes the prior will if the testator
20intended the subsequent will to replace rather than supplement the prior will,
21regardless of whether the subsequent will expressly revokes the prior will.
AB645,33,2522 2. The testator is presumed to have intended a subsequent will to replace,
23rather than supplement, the prior will if the subsequent will completely disposes of
24the testator's estate. If this presumption arises and is not rebutted by clear and
25convincing evidence, the prior will is revoked.
Loading...
Loading...