853.31
853.31
Presumption that will passes all of testator's interest in property. Any gift of property by will is presumed to pass all the estate or interest which the testator could lawfully will in the property unless it clearly appears by the will, interpreted in light of the surrounding circumstances, that the testator intended to pass a less estate or interest.
853.32
853.32
Effect of reference to another document. 853.32(1)
(1)
Incorporation. A will may incorporate by reference another writing or document if all of the following apply:
853.32(1)(a)
(a) The will, either expressly or as construed from extrinsic evidence, manifests an intent to incorporate the other writing or document.
853.32(1)(b)
(b) The other writing or document was in existence when the will was executed.
853.32(1)(c)
(c) The other writing or document is sufficiently described in the will to permit identification with reasonable certainty.
853.32(2)
(2) Disposition of tangible personal property. 853.32(2)(a)(a) A reference in a will executed on or after May 3, 1996, to another document that lists tangible personal property not otherwise specifically disposed of in the will disposes of that property if the other document describes the property and the distributees with reasonable certainty and is signed and dated by the decedent.
853.32(2)(b)
(b) Another document under
par. (a) is valid even if it does not exist when the will is executed, even if it is changed after the will is executed and even if it has no significance except for its effect on the disposition of property by the will.
853.32(2)(c)
(c) If the document described in
par. (a) is not located by the personal representative, or delivered to the personal representative or circuit court with jurisdiction over the matter, within 30 days after the appointment of the personal representative, the personal representative may dispose of tangible personal property according to the provisions of the will as if no such document exists. If a valid document is located after some or all of the tangible personal property has been disposed of, the document controls the distribution of the property described in it, but the personal representative incurs no liability for the prior distribution or sale of the property, as long as the time specified in this paragraph has elapsed.
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.
WISCONSIN BASIC WILLS
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(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(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.
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
