SB368,28,8
7852.11 Advancement. The effect of a lifetime gift by the decedent on the
8intestate share of an heir is governed by s. 854.09.
SB368, s. 122
9Section
122. 852.12 of the statutes is created to read:
SB368,28,14
10852.12 Debts to decedent. If an heir owes a debt to the decedent, the debt
11shall be charged against the intestate share of the debtor, regardless of whether the
12debt has been discharged in bankruptcy. If the debtor fails to survive the decedent,
13the debt shall not be taken into account in computing the intestate shares of the
14debtor's issue.
SB368, s. 123
15Section
123. 852.13 of the statutes is amended to read:
SB368,28,18
16852.13 Right to disclaim intestate share. Any person to whom property
17would otherwise pass under s. 852.01 may disclaim all or part of the property as
18provided under s.
853.40 854.13.
SB368, s. 124
19Section
124. Subchapter I (title) of chapter 853 [precedes 853.01] of the
20statutes is created to read:
SB368,28,2121
Chapter 853
SB368,28,2322
Subchapter I
23
General rules
SB368, s. 125
24Section
125. 853.03 (intro.) of the statutes is amended to read:
SB368,29,2
1853.03 Execution of wills. (intro.) Every will in order to be validly executed
2must be in writing and executed with
all of the following formalities:
SB368, s. 126
3Section
126. 853.03 (1) of the statutes is amended to read:
SB368,29,84
853.03
(1) It must be signed by the testator,
by the testator with the assistance
5of another person with the testator's consent or in the testator's name by
one of the
6witnesses or some other another person at the testator's
express direction and in the
7testator's
conscious presence
, such a proxy signing either to take place or to be
8acknowledged by the testator in the presence of the witnesses; and
.
SB368, s. 127
9Section
127
. 853.03 (2) of the statutes is renumbered 853.03 (2) (intro.) and
10amended to read:
SB368,29,1311
853.03
(2) (intro.) It must be signed by 2 or more witnesses
in the presence of
12the testator and in the presence of each other., each of whom signed within a
13reasonable time after witnessing any of the following:
SB368, s. 128
14Section
128. 853.03 (2) (a), (b) and (c) of the statutes are created to read:
SB368,29,1515
853.03
(2) (a) The signing of the will as provided under sub. (1).
SB368,29,1716
(b) The testator's implicit or explicit acknowledgement of the testator's
17signature on the will, within the conscious presence of each of the witnesses.
SB368,29,1918
(c) The testator's implicit or explicit acknowledgement of the will, within the
19conscious presence of each of the witnesses.
SB368, s. 129
20Section
129. 853.04 of the statutes is created to read:
SB368,30,2
21853.04 Self-proved will. (1) One-step procedure. A will may be
22simultaneously executed, attested and made self-proved by the affidavit of the
23testator and witnesses. The affidavit must be made before an officer authorized to
24administer oaths under the laws of the state in which execution occurs and must be
1evidenced by the officer's certificate, under official seal, in substantially the following
2form:
SB368,30,43
(a) I, ...., the testator, sign my name to this instrument this .... day of ...., and
4being first duly sworn, declare to the undersigned authority all of the following:
SB368,30,55
1. I execute this instrument as my will.
SB368,30,66
2. I sign this will willingly, or willingly direct another to sign for me.
SB368,30,87
3. I execute this will as my free and voluntary act for the purposes expressed
8therein.
SB368,30,109
4. I am 18 years of age or older, of sound mind and under no constraint or undue
10influence.
SB368,30,1111
Testator: ....
SB368,30,1312
(b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this
13instrument and declare to the undersigned authority all of the following:
SB368,30,1414
1. The testator executes this instrument as his or her will.
SB368,30,1615
2. The testator signs it willingly, or willingly directs another to sign for him or
16her.
SB368,30,1817
3. Each of us, in the conscious presence of the testator, signs this will as a
18witness.
SB368,30,2019
4. To the best of our knowledge, the testator is 18 years of age or older, of sound
20mind and under no constraint or undue influence.
SB368,30,2121
Witness: ....
SB368,30,2222
Witness: ....
SB368,30,2323
State of ....
SB368,30,2424
County of ....
SB368,31,2
1(c) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
2witnesses, this .... day of ...., .....
SB368,31,44
(Signed): ....
SB368,31,55
(Official capacity of officer): ....
SB368,31,10
6(2) Two-step procedure. An attested will may be made self-proved at any time
7after its execution by the affidavit of the testator and witnesses. The affidavit must
8be made before an officer authorized to administer oaths under the laws of the state
9in which the affidavit occurs and must be evidenced by the officer's certificate, under
10official seal, attached or annexed to the will in substantially the following form:
SB368,31,1111
State of ....
SB368,31,1212
County of ....
SB368,31,1513
(a) We, ...., ...., and ...., the testator and the witnesses whose names are signed
14to the foregoing instrument, being first duly sworn, do declare to the undersigned
15authority all of the following:
SB368,31,1616
1. The testator executed the instrument as his or her will.
SB368,31,1817
2. The testator signed willingly, or willingly directed another to sign for him or
18her.
SB368,31,1919
3. The testator executed the will as a free and voluntary act.
SB368,31,2120
4. Each of the witnesses, in the conscious presence of the testator, signed the
21will as witness.
SB368,31,2422
5. To the best of the knowledge of each witness, the testator was, at the time
23of execution, 18 years of age or older, of sound mind and under no constraint or undue
24influence.
SB368,31,2525
Testator: ....
SB368,32,1
1Witness: ....
SB368,32,22
Witness: ....
SB368,32,43
(b) Subscribed and sworn to before me by ...., the testator, and by ...., and ....,
4witnesses, this .... day of ...., .....
SB368,32,66
(Signed): ....
SB368,32,77
(Official capacity of officer): ....
SB368,32,10
8(3) Effect of affidavit. (a) A signature affixed to a self-proving affidavit
9attached to a will is considered a signature affixed to the will, if necessary to prove
10the due execution of the will.
SB368,32,1211
(b) Inclusion in a will of an affidavit in substantially the form under sub. (1)
12or (2) is conclusive evidence that the will was executed in compliance with s. 853.03.
SB368, s. 130
13Section
130. 853.05 of the statutes is repealed and recreated to read:
SB368,32,16
14853.05 Execution of wills outside the state or by nonresidents within
15this state. (1) A will is validly executed if it is in writing and any of the following
16applies:
SB368,32,1717
(a) The will is executed according to s. 853.03.
SB368,32,1918
(b) The will is executed in accordance with the law, at the time of execution or
19at the time of death, of any of the following:
SB368,32,2020
1. The place where the will was executed.
SB368,32,2221
2. The place where the testator resided, was domiciled or was a national at the
22time of execution.
SB368,32,2423
3. The place where the testator resided, was domiciled or was a national at the
24time of death.
SB368,33,2
1(2) Any will under sub. (1) (b) has the same effect as if executed in this state
2in compliance with s. 853.03.
SB368, s. 131
3Section
131. 853.07 (2) of the statutes is amended to read:
SB368,33,94
853.07
(2) A will is not Neither a will nor any of its provisions is invalidated
5because
it the will is signed by an interested witness
; but, unless the will is also
6signed by 2 disinterested witnesses, any beneficial provisions of the will for a witness
7or the spouse of the witness are invalid to the extent that such provisions in the
8aggregate exceed in value what the witness or spouse would have received had the
9testator died intestate. Valuation is to be made as of testator's death.
SB368, s. 132
10Section
132. 853.07 (3) of the statutes is repealed.
SB368, s. 133
11Section
133. 853.11 (1) (title) of the statutes is amended to read:
SB368,33,1212
853.11
(1) (title)
Subsequent Revocation by writing or physical act.
SB368, s. 134
13Section
134. 853.11 (1) (intro.) and (a) of the statutes are consolidated,
14renumbered 853.11 (1) (a) and amended to read:
SB368,33,1815
853.11
(1) (a) A will is revoked in whole or in part by
: (a) A a subsequent will
,
16codicil or other instrument which that is executed in compliance with s. 853.03 or
17853.05 and
which that revokes the prior will or a part thereof expressly or by
18inconsistency
; or.
SB368, s. 135
19Section
135. 853.11 (1) (b) of the statutes is renumbered 853.11 (1m) and
20amended to read:
SB368,33,2421
853.11
(1m) (title)
Revocation by physical act. Burning A will is revoked in
22whole or in part by burning, tearing, canceling
or
, obliterating
or destroying the will,
23or part, with the intent to revoke, by the testator or by some person in the testator's
24conscious presence and by the testator's direction.
SB368, s. 136
25Section
136. 853.11 (1) (bm) of the statutes is created to read:
SB368,34,3
1853.11
(1) (bm) 1. A subsequent will wholly revokes the prior will if the testator
2intended the subsequent will to replace rather than supplement the prior will,
3regardless of whether the subsequent will expressly revokes the prior will.
SB368,34,74
2. The testator is presumed to have intended a subsequent will to replace,
5rather than supplement, the prior will if the subsequent will completely disposes of
6the testator's estate. If this presumption arises and is not rebutted by clear and
7convincing evidence, the prior will is revoked.
SB368,34,128
3. The testator is presumed to have intended a subsequent will to supplement,
9rather than replace, the prior will if the subsequent will does not completely dispose
10of the testator's estate. If this presumption arises and is not rebutted by clear and
11convincing evidence, the subsequent will revokes the prior will only to the extent of
12any inconsistency.
SB368, s. 137
13Section
137. 853.11 (2) of the statutes is repealed and recreated to read:
SB368,34,1614
853.11
(2) Premarital will. (a)
Entitlement of surviving spouse. Subject to par.
15(c), if the testator married the surviving spouse after the testator executed his or her
16will, the surviving spouse is entitled to a share of the probate estate.
SB368,34,2017
(b)
Value of share. The value of the share under par. (a) is the value of the share
18that the surviving spouse would have received had the testator died with an intestate
19estate equal to the value of the net estate of the decedent less the value of all of the
20following:
SB368,34,2321
1. All devises to or for the benefit of the testator's children who were born before
22the marriage to the surviving spouse and who are not also the children of the
23surviving spouse.
SB368,34,2424
2. All devises to or for the benefit of the issue of a child described in subd. 1.
SB368,35,2
13. All devises that pass under s. 854.06, 854.07, 854.21 or 854.22 to or for the
2benefit of children described in subd. 1. or issue of those children.
SB368,35,33
(c)
Exceptions. Paragraph (a) does not apply if any of the following applies:
SB368,35,54
1. It appears from the will or other evidence that the will was made in
5contemplation of the testator's marriage to the surviving spouse.
SB368,35,86
2. It appears from the will or other evidence that the will is intended to be
7effective notwithstanding any subsequent marriage, or there is sufficient evidence
8that the testator considered revising the will after marriage but decided not to.
SB368,35,129
3. The testator provided for the spouse by transfer outside the will and the
10intent that the transfer be in lieu of a testamentary provision is shown by the
11testator's statements or is reasonably inferred from the amount of the transfer or
12other evidence.
SB368,35,1513
4. The testator and the spouse have entered into an agreement that complies
14with ch. 766 and that provides for the spouse or specifies that the spouse is to have
15no rights in the testator's estate.