853.32(2)(d) (d) The duties and liability of a person who has custody of a document described in par. (a), or information about such a document, are governed by s. 856.05.
853.32(2)(e) (e) Beneficiaries under a document that is described in par. (a) are not interested parties for purposes of s. 879.03.
853.32(3) (3)Transfers to living trusts. The validity and implementation of a will provision that purports to transfer or appoint property to a living trust are governed by s. 701.08.
853.32 History History: 1995 a. 234; 1997 a. 188 ss. 144, 145, 153.
853.32 Annotation Wisconsin's New Personal Property Memorandum Law. Slate. Wis. Law. Oct. 1996.
853.325 853.325 Effect of reference to acts or events. A will may dispose of property by reference to acts or events that have significance apart from their effect on the disposition of property under the will and that do not occur solely for the purpose of determining the disposition of property under the will. Reference to the execution or revocation of another individual's will fulfills the requirements under this section. This section applies whether the acts or events occur before or after execution of the will or before or after the testator's death.
853.325 History History: 1997 a. 188.
853.33 853.33 Gift of securities. Section 854.11 governs gifts of securities under a will.
853.33 History History: 1997 a. 188.
853.35 853.35 Nonademption of specific gifts in certain instances. The rights of a beneficiary with respect to a specific gift that is destroyed, damaged, sold or condemned before the testator's death are governed by s. 854.08.
853.35 History History: 1993 a. 486; 1997 a. 188.
853.40 853.40 Disclaimer. A person to whom property would otherwise pass under a will may disclaim all or part of the property as provided in s. 854.13.
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 commences on the death of the life tenant. Estate of Balson, 183 W (2d) 31, 515 NW (2d) 474 (Ct. App. 1994).
853.40 Note NOTE: The preceding cases were decided prior to the adoption of 1997 Wis. Act 188 which made extensive revisons to s. 853.27 and created s. 854.06.
853.41 853.41 Applicability of general transfers at death provisions. Chapter 854 applies to transfers under wills, including transfers under a Wisconsin basic will or basic will with trust.
853.41 History History: 1997 a. 188.
subch. II of ch. 853 SUBCHAPTER II
WISCONSIN BASIC WILLS
853.50 853.50 Definitions. In ss. 853.50 to 853.62:
853.50(1) (1) "By right of representation" means according to the method specified in s. 854.04 (1).
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. 854.20 and nonmarital children 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; 1997 a. 188.
853.51 853.51 Execution of will.
853.51(1)(1) 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)(a) (a) The testator shall do all of the following:
853.51(1)(a)1. 1. Complete the blanks, boxes and lines substantially in accordance with the instructions.
853.51(1)(a)2. 2. Sign the will.
853.51(1)(bc) (bc) The witnesses shall comply with s. 853.03 (2).
853.51(2m) (2m) Any failure to comply with the instructions in a Wisconsin basic will or basic will with trust, other than the requirements for the testator's and witnesses' signatures, does not affect the validity of the will.
853.51 History History: 1983 a. 376; 1997 a. 188.
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(2)(a) (a) The contents of the form for the Wisconsin basic will under s. 853.55.
853.52(2)(b) (b) The full texts of each of the following:
853.52(2)(b)1. 1. The definitions under s. 853.50.
853.52(2)(b)2. 2. The clause under s. 853.57.
853.52(2)(b)3. 3. The property disposition clause under s. 853.58 adopted by the testator.
853.52(2)(b)4. 4. The mandatory clauses under s. 853.60.
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(3)(b) (b) The full texts of each of the following:
853.52(3)(b)1. 1. The definitions under s. 853.50.
853.52(3)(b)2. 2. The clause under s. 853.57.
853.52(3)(b)3. 3. The property disposition clause under s. 853.59.
853.52(3)(b)4. 4. The mandatory clauses under ss. 853.60 and 853.61.
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.
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 BIRTH 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 PDF
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.) - See PDF for table PDF
Article 3. Nominations of Personal Representative and Guardian
3.1. PERSONAL REPRESENTATIVE. (Name at least one.)
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?