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.
AB645,34,5
13. The testator is presumed to have intended a subsequent will to supplement,
2rather than replace, the prior will if the subsequent will does not completely dispose
3of the testator's estate. If this presumption arises and is not rebutted by clear and
4convincing evidence, the subsequent will revokes the prior will only to the extent of
5any inconsistency.
AB645, s. 136 6Section 136. 853.11 (2) of the statutes is repealed and recreated to read:
AB645,34,97 853.11 (2) Premarital will. (a) Entitlement of surviving spouse. Subject to par.
8(c), if the testator married the surviving spouse after the testator executed his or her
9will, the surviving spouse is entitled to a share of the probate estate.
AB645,34,1310 (b) Value of share. The value of the share under par. (a) is the value of the share
11that the surviving spouse would have received had the testator died with an intestate
12estate equal to the value of the property subject to administration less the value of
13all of the following:
AB645,34,1414 1. Administration, funeral and burial expenses.
AB645,34,1515 2. Enforceable claims paid.
AB645,34,1816 3. All devises to or for the benefit of the testator's children who were born before
17the marriage to the surviving spouse and who are not also the children of the
18surviving spouse.
AB645,34,1919 4. All devises to or for the benefit of the issue of a child described in subd. 3.
AB645,34,2120 5. All devises that pass under s. 854.06, 854.07, 854.21 or 854.22 to or for the
21benefit of children described in subd. 3. or issue of those children.
AB645,34,2222 (c) Exceptions. Paragraph (a) does not apply if any of the following applies:
AB645,34,2423 1. It appears from the will or other evidence that the will was made in
24contemplation of the testator's marriage to the surviving spouse.
AB645,35,3
12. It appears from the will or other evidence that the will is intended to be
2effective notwithstanding any subsequent marriage, or there is sufficient evidence
3that the testator considered revising the will after marriage but decided not to.
AB645,35,74 3. The testator provided for the spouse by transfer outside the will and the
5intent that the transfer be in lieu of a testamentary provision is shown by the
6testator's statements or is reasonably inferred from the amount of the transfer or
7other evidence.
AB645,35,108 4. The testator and the spouse have entered into an agreement that complies
9with ch. 766 and that provides for the spouse or specifies that the spouse is to have
10no rights in the testator's estate.
AB645,35,1111 (d) Priority and abatement. In satisfying the share provided by this subsection:
AB645,35,1312 1. Amounts received by the surviving spouse under s. 861.02 and devises made
13by will to the surviving spouse are applied first.
AB645,35,1514 2. Devises other than those described in par. (b) 3. to 5. abate as provided under
15s. 854.18.
AB645, s. 137 16Section 137. 853.11 (3) of the statutes is repealed and recreated to read:
AB645,35,1817 853.11 (3) Former spouse. The effect of a transfer under a will to a former
18spouse is governed by s. 854.15.
AB645, s. 138 19Section 138. 853.11 (3m) of the statutes is repealed and recreated to read:
AB645,35,2220 853.11 (3m) Intentional killing of decedent by beneficiary. If a beneficiary
21under a will killed the decedent, the rights of that beneficiary are governed by s.
22854.14.
AB645, s. 139 23Section 139. 853.11 (6) of the statutes is repealed and recreated to read:
AB645,36,424 853.11 (6) Revival of revoked will. (a) If a subsequent will that partly revoked
25a previous will is itself revoked by a revocatory act under sub. (1m), the revoked part

1of the previous will is revived unless it is evident from the circumstances of the
2revocation of the subsequent will or from the testator's contemporary or subsequent
3declarations that the testator did not intend the revoked part of the previous will to
4take effect as executed.
AB645,36,95 (b) If a subsequent will that wholly revoked a previous will is itself revoked by
6a revocatory act under sub. (1m), the previous will remains revoked unless it is
7revived. The previous will is revived if it is evident from the circumstances of the
8revocation of the subsequent will or from the testator's contemporary or subsequent
9declarations that the testator intended the previous will to take effect as executed.
AB645,36,1510 (c) If a subsequent will that wholly or partly revoked a previous will is itself
11revoked by another, later will, the previous will or its revoked part remains revoked,
12unless it or its revoked part is revived. The previous will or its revoked part is revived
13to the extent that it appears from the terms of the later will, or from the testator's
14contemporary or subsequent declarations, that the testator intended the previous
15will to take effect.
AB645,36,1716 (d) In the absence of an original valid will, establishment of the execution and
17validity of the revived will or part is governed by s. 856.17.
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