853.40(5)(b)
(b)
Delivery to trustee. If the trustee of any trust to which the interest or power relates does not receive the instrument of disclaimer under
par. (a), a copy shall also be delivered to the trustee.
853.40(5)(c)
(c)
Filing. A copy of the instrument of disclaimer shall be filed in the probate court having jurisdiction.
853.40(5)(d)
(d)
Failure to deliver or file. Failure to deliver a copy of the instrument of disclaimer to the trustee under
par. (b), or to file a copy in the probate court under
par. (c), within the time specified under
sub. (4), does not affect the validity of any disclaimer.
853.40(5)(e)
(e)
Recording. If real property or an interest in real property is disclaimed, a copy of the instrument of disclaimer may be recorded in the office of the register of deeds of the county in which the real estate is situated.
853.40(6)(a)(a)
Property not vested. The property or interest disclaimed under this section shall be deemed not to have been vested in, created in or transferred to the disclaimant.
853.40(6)(b)
(b)
Devolution. Unless the deceased transferor of the property or deceased donee of the power has otherwise provided, the property or interest disclaimed devolves as if the disclaimant had predeceased the deceased transferor of the property, or, if the disclaimant is an appointee under a power exercised by will or a taker in default under a power created by will, as if the disclaimant had predeceased the donee of the power. A disclaimer relates back for all purposes to the date of death of the deceased transferor of the property or the deceased donee of the power, except that a disclaimer of the future right to receive mandatory distributions of income or profits relates to the period stated in the disclaimer.
853.40(6)(c)
(c)
Future interest. Unless the instrument creating the future interest manifests a contrary intent, a future interest to take effect in possession or enjoyment after the termination of the interest which is disclaimed takes effect as if the disclaimant had predeceased the deceased transferor of the property or the deceased donee of the power.
853.40(7)(a)(a)
Method. A person's right to disclaim property or an interest in property is barred by the person's:
853.40(7)(a)1.
1. Assignment, conveyance, encumbrance, pledge or transfer of the property or interest or a contract therefor;
853.40(7)(a)3.
3. Acceptance of the property or interest or benefit of the property.
853.40(7)(b)
(b)
Payment of debt. A person's right to disclaim property or an interest in property is barred if there is a pending proceeding under
s. 863.46 for the payment of a debt.
853.40(7)(c)
(c)
Effect upon successor in interest. The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under that person.
853.40(8)
(8) Nonexclusiveness of remedy. This section does not abridge the right of a person to waive, release, disclaim or renounce property or an interest in property under any other statute, the common law or as provided in the creating instrument.
853.40(9)
(9) Applicability. This section applies to property or an interest in property existing or created on or after May 13, 1978 if the time for delivery of a disclaimer under this section has not expired.
853.40 Annotation
Unless barred by statute, debtor can disclaim bequest, thus defeating creditor's action under 813.026. Estate of Goldhammer v. Goldhammer, 138 W (2d) 77, 405 NW (2d) 693 (Ct. App. 1987).
853.40 Annotation
Except for a tax-related "qualified disclaimer", the nine-month time limit for disclaimer of a future interest under sub. (4) (b) commences on the death of the life tenant. Estate of Balson, 183 W (2d) 31, 515 NW (2d) 474 (Ct. App. 1994).
853.50(1)
(1) "By right of representation" means that the issue of a deceased person inherit the share of an estate that their immediate ancestor would have inherited, if living.
853.50(2)
(2) "Children" includes all children whether born or adopted before or after a Wisconsin basic will or basic will with trust is executed.
853.50(3)
(3) "Issue" means children, grandchildren, great-grandchildren, and lineal descendants of more remote degrees, including those who occupy that relation by reason of adoption under
s. 851.51 and children who are not legitimate and their lineal descendants to the extent provided by
s. 852.05.
853.50(4)
(4) "Testator" means any person choosing to make a Wisconsin basic will or basic will with trust.
853.50(5)
(5) "Trustee" means a person so designated in a Wisconsin basic will with trust and any other person acting at any time as the trustee under a Wisconsin basic will with trust.
853.50(6)
(6) "Wisconsin basic will" means a Wisconsin basic will executed in accordance with
ss. 853.50 to
853.62.
853.50(7)
(7) "Wisconsin basic will with trust" means a Wisconsin basic will with trust executed in accordance with
ss. 853.50 to
853.62.
853.50 History
History: 1983 a. 376.
853.51
853.51
Execution of will. The only method of executing a Wisconsin basic will or basic will with trust is for all of the following to occur:
853.51(1)
(1) The testator shall do all of the following:
853.51(1)(a)
(a) Complete the blanks, boxes and lines according to the instructions. Any failure to comply with instructions described under
s. 853.54 (3) does not affect the validity of the will.
853.51(2)
(2) The witnesses shall do all of the following:
853.51(2)(b)
(b) Sign their names in the presence of the testator and each other.
853.51 History
History: 1983 a. 376.
853.52
853.52
Contents of wills. 853.52(1)(1) There are 2 Wisconsin basic wills: the Wisconsin basic will and the Wisconsin basic will with trust.
853.52(2)
(2) The Wisconsin basic will includes all of the following:
853.52(3)
(3) The Wisconsin basic will with trust includes all of the following:
853.52(3)(a)
(a) The contents of the form for the Wisconsin basic will with trust under
s. 853.56.
853.52(4)
(4) Any person who prints forms for the Wisconsin basic will or basic will with trust shall place a signature line on each page of the printed document. A testator shall sign on each such line. Failure to comply with this subsection does not affect the validity of the will.
853.52 History
History: 1983 a. 376;
1993 a. 304.
853.53
853.53
Selection of property disposition clause. If more than one property disposition clause is selected or if none is selected, the residuary property of a testator who signs a Wisconsin basic will or basic will with trust shall be distributed to the testator's heirs as if the testator did not make a will.
853.53 History
History: 1983 a. 376.
853.54
853.54
Revocation or revision. 853.54(1)
(1) A Wisconsin basic will or a basic will with trust may be revoked and may be amended in the same manner as other wills.
853.54(2)
(2) Any additions to or deletions from the face of the form of the Wisconsin basic will or basic will with trust, other than in accordance with the instructions, shall be ineffective and shall be disregarded.
853.54(3)
(3) Notwithstanding
sub. (2), any failure to print in the proper places, provide the full name of a person or charity to receive a gift, include residences or use the phrase "not used" where applicable does not affect the validity of a Wisconsin basic will or basic will with trust.
853.54 History
History: 1983 a. 376.
853.55
853.55
Wisconsin basic will. The following is the form for the Wisconsin basic will:
NOTICE TO THE PERSON WHO SIGNS THIS WILL:
1. THIS WILL DOES NOT DISPOSE OF PROPERTY WHICH PASSES ON YOUR DEATH TO ANY PERSON BY OPERATION OF LAW OR BY ANY CONTRACT. FOR EXAMPLE, THE WILL DOES NOT DISPOSE OF JOINT TENANCY ASSETS, AND IT DOES NOT NORMALLY APPLY TO PROCEEDS OF LIFE INSURANCE ON YOUR LIFE OR YOUR RETIREMENT PLAN BENEFITS.
2. THIS WILL IS NOT DESIGNED TO REDUCE TAXES. YOU SHOULD DISCUSS THE TAX RESULTS OF YOUR DECISIONS WITH A COMPETENT TAX ADVISER.
3. THIS WILL MAY NOT WORK WELL IF YOU HAVE CHILDREN BY A PREVIOUS MARRIAGE OR IF YOU HAVE BUSINESS PROPERTY, PARTICULARLY IF THE BUSINESS IS UNINCORPORATED.
4. YOU CANNOT CHANGE, DELETE OR ADD WORDS TO THE FACE OF THIS WISCONSIN BASIC WILL. YOU MAY REVOKE THIS WISCONSIN BASIC WILL, AND YOU MAY CHANGE IT BY SIGNING A NEW WILL.
5. THE FULL TEXT OF THIS WISCONSIN BASIC WILL, THE DEFINITIONS, THE PROPERTY DISPOSITION CLAUSES AND THE MANDATORY CLAUSES FOLLOW THE END OF THIS WILL AND ARE CONTAINED IN THE PROBATE CODE OF WISCONSIN (CHAPTERS 851 TO 882 OF THE WISCONSIN STATUTES).
6. THE WITNESSES TO THIS WILL SHOULD NOT BE PEOPLE WHO MAY RECEIVE PROPERTY UNDER THIS WILL. YOU SHOULD READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE DESCRIBED AT THE END OF THIS WILL. ALL OF THE WITNESSES MUST WATCH YOU SIGN THIS WILL. EACH WITNESS MUST SIGN HIS OR HER NAME WITH YOU AND THE OTHER WITNESS PRESENT.
7. YOU SHOULD KEEP THIS WILL IN YOUR SAFE-DEPOSIT BOX OR OTHER SAFE PLACE.
8. IF YOU MARRY OR DIVORCE AFTER YOU SIGN THIS WILL, YOU SHOULD MAKE AND SIGN A NEW WILL.
9. THIS WILL TREATS ADOPTED CHILDREN AS IF THEY ARE NATURAL CHILDREN.
10. IF YOU HAVE CHILDREN UNDER 21 YEARS OF AGE, YOU MAY WISH TO USE THE WISCONSIN BASIC WILL WITH TRUST OR ANOTHER TYPE OF WILL.
11. IF THIS WISCONSIN BASIC WILL DOES NOT FIT YOUR NEEDS, YOU MAY WANT TO CONSULT WITH A LAWYER.
[A printed form for a Wisconsin basic will shall set forth the
above notice in 10-point boldface type.]
WISCONSIN BASIC WILL OF
(Insert Your Name)
Article 1. Declaration.
This is my will and I revoke any prior wills and codicils (additions to prior wills).
Article 2. Disposition of My Property
2.1. PERSONAL, RECREATIONAL AND HOUSEHOLD ITEMS. Except as provided in paragraph 2.2, I give all my furniture, furnishings, household items, recreational equipment, personal automobiles and personal effects to my spouse, if living; otherwise they shall be divided equally among my children who survive me.
2.2 GIFTS TO PERSONS OR CHARITIES. I make the following gifts to the persons or charities in the cash amount stated in words (.... Dollars) and figures ($....) or of the property described. I SIGN IN EACH BOX USED. I WRITE THE WORDS "NOT USED" IN THE REMAINING BOXES. If I fail to sign opposite any gift, then no gift is made. If the person mentioned does not survive me or if the charity does not accept the gift, then no gift is made.
-
See PDF for table 
2.3. ALL OTHER ASSETS (MY "RESIDUARY ESTATE"). I adopt only one Property Disposition Clause in this paragraph by writing my signature on the line next to the title of the Property Disposition Clause I wish to adopt. I SIGN ON ONLY ONE LINE. I WRITE THE WORDS "NOT USED" ON THE REMAINING LINE. If I sign on more than one line or if I fail to sign on any line, the property will go under Property Disposition Clause (b) and I realize that means the property will be distributed as if I did not make a will in accordance with Chapter
852 of the Wisconsin Statutes.
PROPERTY DISPOSITION CLAUSES (Select one.)
(a) TO MY SPOUSE IF LIVING; IF NOT LIVING, THEN TO MY CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILD BY RIGHT OF REPRESENTATION.
(b) TO BE DISTRIBUTED AS IF I DID NOT HAVE A WILL.
