SB368,66,16 (c) The express terms of a contract relating to the division of the decedent's and former spouse's property made between the decedent and the former spouse before or after the marriage or the divorce, annulment or similar event provide otherwise.

SB368,66,17 (d) The divorce, annulment or similar event is nullified.

SB368,66,18 (e) The decedent and the former spouse have remarried.

SB368,66,20 (f) There is a finding of the decedent's contrary intent. Extrinsic evidence may be used to construe that intent.

SB368,66,23 (6) Revocation of nontestamentary provision in marital property agreement. The effect of a judgment of annulment, divorce or legal separation on marital property agreements under s. 766.58 is governed by s. 767.266 (1).

SB368,67,4 854.18 Order in which assets apportioned; abatement. (1) (a) Except as provided in sub. (3) or in connection with the share of the surviving spouse who elects to take an elective share in deferred marital property under s. 861.02, a spouse who takes under s. 853.11 (2) or a child who takes under s. 853.25, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:

SB368,67,5 1. If the governing instrument is a will, property subject to intestacy.

SB368,67,6 2. Residuary transfers or devises under the governing instrument.

SB368,67,7 3. General transfers or devises under the governing instrument.

SB368,67,8 4. Specific transfers or devises under the governing instrument.

SB368,67,12 (b) For purposes of abatement, a general transfer or devise charged on any specific property or fund is a specific transfer to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, it is a general transfer to the extent of the failure or insufficiency.

SB368,67,15 (2) (a) Abatement within each classification is in proportion to the amount of property that each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the governing instrument.

SB368,67,18 (b) If the subject of a preferred transfer is sold or used incident to administration of an estate, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.

SB368,67,22 (3) If the governing instrument expresses an order of abatement, or if the decedent's estate plan or the express or implied purpose of the transfer would be defeated by the order of abatement under sub. (1), the shares of the distributees abate as necessary to give effect to the intention of the transferor.

SB368,68,2 854.19 Penalty clause for contest. A provision in a governing instrument that prescribes a penalty against an interested person for contesting the governing instrument or instituting other proceedings relating to the governing instrument may not be enforced if the court determines that the interested person had probable cause for instituting the proceedings.

SB368,68,3 854.20 Status of adopted persons.

SB368,68,7 (3) Sequential adoption. Subject to sub. (4), if an adoptive parent dies or his or her parental rights are terminated in a legal proceeding and the adopted child is subsequently adopted by another person, the former adoptive parent is considered to be a birth parent for purposes of this section.

SB368,68,9 (4) Applicability. Subsections (1), (2) and (3) apply only if at least one of the following applies:

SB368,68,10 (a) The decedent or transferor is the adoptive parent or adopted child.

SB368,68,11 (b) The adopted person was a minor at the time of adoption.

SB368,68,13 (c) The adopted person was raised as a member of the household by the adoptive parent from the child's 15th birthday or before.

SB368,68,16 (5) Contrary intent. This section does not apply if the transfer is made under a governing instrument and there is a finding of contrary intent of the person who executed the instrument. Extrinsic evidence may be used to construe that intent.

SB368,68,23 854.21 Persons included in family groups or classes. (1) Adopted persons. (a) Except as provided in par. (b) or sub. (7), a gift of property by a governing instrument to a class of persons described as issue, lawful issue, children, grandchildren, descendants, heirs, heirs of the body, next of kin, distributees or the like includes a person adopted by a person whose birth child would be a member of the class, and issue of the adopted person, if the conditions for membership in the class are otherwise satisfied and any of the following applies:

SB368,68,24 1. The transferor is the adoptive parent or adopted child.

SB368,68,25 2. The adopted person was a minor at the time of adoption.

SB368,69,2 3. The adopted person was raised as a member of the household by the adoptive parent from the child's 15th birthday or before.

SB368,69,5 (b) Except as provided in sub. (7), a gift under par. (a) excludes a birth child and his or her issue otherwise within the class if the birth child has been adopted and would cease to be a child of the birth parent under s. 854.20 (2).

SB368,69,8 (2) Individuals born to unmarried parents. (a) Subject to par. (b) and sub. (7), individuals born to unmarried parents are included in class gifts and other terms of relationship in accordance with s. 852.05.

SB368,69,14 (b) In addition to the requirements of par. (a) and subject to the provisions of sub. (7), in construing a disposition by a transferor who is not the birth parent, an individual born to unmarried parents is not considered to be the child of a birth parent unless that individual lived while a minor as a regular member of the household of that birth parent or of that birth parent's parent, brother, sister, spouse or surviving spouse.