reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.12 - Premarital will or predomestic partnership will.

853.12
Premarital will or predomestic partnership will.
(1)
Entitlement of surviving spouse or surviving domestic partner. Subject to sub. (3), if the testator married the surviving spouse or recorded a domestic partnership under ch. 770 with the surviving domestic partner after the testator executed his or her will, the surviving spouse or surviving domestic partner is entitled to a share of the probate estate.
(2)
Value of share. The value of the share under sub. (1) is the value of the share that the surviving spouse or surviving domestic partner would have received had the testator died with an intestate estate equal to the value of the testator's net estate, but the value of the net estate shall first be reduced by the value of all of the following:
(a)
All devises to or for the benefit of the testator's children who were born before the marriage to the surviving spouse or the domestic partnership with the surviving domestic partner and who are not also the children of the surviving spouse or surviving domestic partner.
(b)
All devises to or for the benefit of the issue of a child described in par. (a).
(c)
All devises that pass under s. 854.06, 854.07, 854.21, or 854.22 to or for the benefit of children described in par. (a) or issue of those children.
(3)
Exceptions. Subsection (1) does not apply if any of the following applies:
(a)
It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse or domestic partnership with the surviving domestic partner.
(b)
It appears from the will or other evidence that the will is intended to be effective notwithstanding any subsequent marriage or domestic partnership, or there is sufficient evidence that the testator considered revising the will after marriage or domestic partnership but decided not to.
(d)
The testator and the spouse have entered into an agreement that complies with ch. 766 and that provides for the spouse or specifies that the spouse is to have no rights in the testator's estate.
(4)
Priority and abatement. In satisfying the share provided by this section:
(a)
Amounts received by the surviving spouse under s. 861.02 and devises made by will to the surviving spouse or surviving domestic partner are applied first.
(b)
Devises other than those described in sub. (2) (a) to (c) abate as provided under s. 854.18.
History:  2005 a. 216 s. 75; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.13 - Contracts.

853.13
Contracts.
(1)
A contract to make a will or devise, not to revoke a will or devise or to die intestate may be established only by any of the following:
(a)
Provisions of a will stating the material provisions of the contract.
(b)
An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.
(c)
A valid written contract, including a marital property agreement under s. 766.58 (3) (e).
(d)
Clear and convincing extrinsic evidence.
(2)
The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
History:  1995 a. 225; 1997 a. 188.
The existence of an irrevocable contract does not prevent the making of a later will or its admission to probate. The remedy is an action in equity to enforce the contract. Estate of Schultz, 53 Wis. 2d 643, 193 N.W.2d 655 (1972).
Whether clear and convincing evidence of a contract exists is a fact to be found by the trial court and given deference by an appellate court. Estate of Czerniejewski, 185 Wis. 2d 892, 619 N.W.2d 702 (Ct. App. 1994).
NOTE:  The preceding cases were decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to this section.
Joint and mutual wills. Kroncke, 43 WBB, No. 5.
Contracts to make joint or mutual wills. O'Donnell, 55 MLR 103.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.15 - Equitable election if will attempts to dispose of property belonging to beneficiary.

853.15
Equitable election if will attempts to dispose of property belonging to beneficiary.
(1)
Necessity for election.
(a)
Unless the will provides otherwise, this subsection applies if a will gives a devise to one beneficiary and also clearly purports to give to another beneficiary property that does not pass under the will but belongs to the first beneficiary by right of ownership, survivorship, beneficiary designation or otherwise.
(b)
If the conditions in par. (a) are fulfilled, the first beneficiary must elect either to take under the will and transfer his or her property in accordance with the will or to retain his or her property and not take under the will. If the first beneficiary elects not to take under the will, unless the will provides otherwise his or her devise under the will shall be assigned to the other beneficiary.
(c)
This section does not require an election if the property belongs to the first beneficiary because of transfer or beneficiary designation made by the decedent after the execution of the will.
(2)
Procedure for election. If an election is required under sub. (1), the following provisions apply:
(a)
The court may by order set a time within which the beneficiary is required to file with the court a written election either to take under the will and forego, waive or transfer the beneficiary's property interest in favor of the other person to whom it is given by the will, or to retain such property interest and not take under the will. The time set shall be not earlier than one month after the necessity for such an election and the nature of the interest given to the beneficiary under the will have been determined.
(b)
If a written election by the beneficiary to take under the will and transfer the beneficiary's property interest in accordance with the will has not been filed with the court within the time set by order, or if no order setting a time has been entered, then prior to the final judgment, the beneficiary is deemed to have elected not to take under the will.
(c)
Except as provided above, participation in the administration by the beneficiary does not constitute an election to take under the will.
History:  1983 a. 186; 1985 a. 37; 1987 a. 393 s. 53; 1993 a. 486; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.17 - Effect of will provision changing beneficiary of life insurance or annuity.

853.17
Effect of will provision changing beneficiary of life insurance or annuity.
(1)
Any provision in a will which purports to name a different beneficiary of a life insurance or annuity contract than the beneficiary properly designated in accordance with the contract with the issuing company, or its bylaws, is ineffective to change the contract beneficiary unless the contract or the company's bylaws authorizes such a change by will.
(2)
This section does not prevent the court from requiring the contract beneficiary to elect under s. 853.15 in order to take property under the will.
History:  2013 a. 92.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.18 - Designation of beneficiary, payee or owner.

853.18
Designation of beneficiary, payee or owner.
(1)
Except as otherwise provided in s. 853.15 or 853.17 (1) or ch. 766, none of the following is subject to or defeated or impaired by any statute or rule of law governing the transfer of property by will, gift, or intestacy, even though the designation or assignment is revocable or the rights of the beneficiary, payee, owner, or assignee are otherwise subject to defeasance:
(a)
A written designation in accordance with the terms of any insurance, annuity, or endowment contract.
(b)
Any agreement issued or entered into by an insurance company supplemental to or in settlement of any insurance, annuity, or endowment contract.
(c)
Any written designation made under a contract, plan, system, or trust providing for pension, retirement, deferred compensation, stock bonus, profit-sharing, or death benefits, or an employment or commission contract, of any person to be a beneficiary, payee, or owner of any right, title, or interest thereunder upon the death of another, or any assignment of rights under any of the foregoing.
(d)
Directions provided in an online tool, as defined in s. 711.03 (18).
(2)
This section applies to such designations or assignments made either before or after June 25, 1969, by persons who die on or after that date. This section creates no implication of invalidity as to any designation or assignment, of the nature described in sub. (1), made by any person who dies before that date or as to any declaration, agreement or contract for the payment of money or other transfer of property at death not specified under sub. (1).
History:  1983 a. 186; 2005 a. 216; 2015 a. 300.
The phrase “statute governing the transfer of property by will" in sub. (1) refers to statutes establishing formalities for the execution of a valid will. In Matter of Estate of Habelman, 145 Wis. 2d 228, 426 N.W.2d 363 (Ct. App. 1988).
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.27 - Lapse.

853.27
Lapse.
The rights under a will of a beneficiary who predeceases the testator are governed by s. 854.06.
History:  1993 a. 486; 1997 a. 188.
A will clause providing that if any beneficiary dies within 5 months of the testator, the deceased beneficiary's share is to be treated as if the beneficiary predeceased the testator, served to pass a deceased beneficiary's share to her children under the anti-lapse statute. Firehammer v. Marchant, 224 Wis. 2d 673, 591 N.W.2d 898 (Ct. App. 1999), 98-0586.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.29 - After-acquired property.

853.29
After-acquired property.
A will is presumed to pass all property that the testator owns at the testator's death and that the testator has power to transfer by will, including property acquired by the testator after the execution of the will or acquired by the testator's estate.
History:  1993 a. 486; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.31 - Presumption that will passes all of testator's interest in property.

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.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.325 - Effect of reference to acts or events.

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.
History:  1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.34 - Transfers to testamentary trusts.

853.34
Transfers to testamentary trusts.
(1)
Testamentary transfer to trust of another. A transfer or appointment by will shall not be held invalid because it is made to a trust created, or to be created, under the will of another person if the will of such other person was executed, or was last modified with respect to the terms of such trust, prior to the death of the person making the transfer or appointment and such other person's will is admitted to probate prior to, or within 2 years after, the death of the person making the transfer or appointment. Property included in such a transfer or appointment shall not be considered property subject to administration as part of the other person's estate but shall pass directly to that other person's testamentary trustee, be added to the designated trust and administered as a part thereof.
(2)
Invalid testamentary transfer. If such a transfer or appointment by will is not accepted by the testamentary trustee of such other person or if no will of such other person which meets the conditions specified in sub. (1) is admitted to probate within the period therein limited, and if the will containing such transfer or appointment by will makes no alternative disposition of the assets, the will shall be construed as creating a trust upon the terms contained in the documents constituting the will of such other person as of the date of death of the person making the transfer or appointment by will.
(3)
Assets transferred to trusts created by will. If a trustee of a trust created by a testator's will is designated as the beneficiary of a transfer under another governing instrument, as defined in s. 854.01 (2), at the death of the testator or at the death of a 3rd party, the transfer of any assets under that other governing instrument to the trustee does not cause the transferred assets to be included in the property administered as part of the testator's estate. The transferred assets are not subject to taxes, debts, or charges enforceable against the testator's estate to any greater extent than if the proceeds were payable to a beneficiary other than the testator's estate.
History:  1971 c. 66; Sup. Ct. Order, 67 Wis. 2d 585, 777 (1975); 1975 c. 218; 1987 a. 27; 1989 a. 278; 1991 a. 316; 2013 a. 92 ss. 153, 154, 331; Stats. 2013 s. 853.34.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.35 - Nonademption of specific gifts in certain instances.

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.
History:  1993 a. 486; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.40 - Disclaimer.

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.
History:  1977 c. 309; 1983 a. 186; 1983 a. 189 s. 329 (26); 1985 a. 29, 37; 1987 a. 220; 1991 a. 39; 1997 a. 188.
Unless barred by statute, a debtor can disclaim a bequest, thus defeating a creditor's action under s. 813.026. Estate of Goldhammer v. Goldhammer, 138 Wis. 2d 77, 405 N.W.2d 693 (Ct. App. 1987).
Except for a tax-related “qualified disclaimer," the 9-month time limit for disclaimer of a future interest commences on the death of the life tenant. Estate of Balson, 183 Wis. 2d 31, 515 N.W.2d 474 (Ct. App. 1994).
NOTE:  The preceding cases were decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to s. 853.27 and created s. 854.06.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.50 - Definitions.

853.50
Definitions.
In ss. 853.50 to 853.62:
(1)
“By right of representation" means according to the method specified in s. 854.04 (1).
(2)
“Children" includes all children whether born or adopted before or after a Wisconsin basic will or basic will with trust is executed.
(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.
(4)
“Testator" means any person choosing to make a Wisconsin basic will or basic will with trust.
(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.
(6)
“Wisconsin basic will" means a Wisconsin basic will executed in accordance with ss. 853.50 to 853.62.
(7)
“Wisconsin basic will with trust" means a Wisconsin basic will with trust executed in accordance with ss. 853.50 to 853.62.
History:  1983 a. 376; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.51 - Execution of will.

853.51
Execution of will.
(1)
The only method of executing a Wisconsin basic will or basic will with trust is for all of the following to occur:
(a)
The testator shall do all of the following:
1.
Complete the blanks, boxes and lines substantially in accordance with the instructions.
2.
Sign the will.
(bc)
The witnesses shall comply with s. 853.03 (2).
(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.
History:  1983 a. 376; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.52 - Contents of wills.

853.52
Contents of wills.
(1)
There are 2 Wisconsin basic wills: the Wisconsin basic will and the Wisconsin basic will with trust.
(2)
The Wisconsin basic will includes all of the following:
(a)
The contents of the form for the Wisconsin basic will under s. 853.55.
(b)
The full texts of each of the following:
1.
The definitions under s. 853.50.
2.
The clause under s. 853.57.
3.
The property disposition clause under s. 853.58 adopted by the testator.
4.
The mandatory clauses under s. 853.60.
(3)
The Wisconsin basic will with trust includes all of the following:
(a)
The contents of the form for the Wisconsin basic will with trust under s. 853.56.
(b)
The full texts of each of the following:
1.
The definitions under s. 853.50.
2.
The clause under s. 853.57.
3.
The property disposition clause under s. 853.59.
4.
The mandatory clauses under ss. 853.60 and 853.61.
(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.
History:  1983 a. 376; 1993 a. 304.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.53 - Selection of property disposition clause.

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.
History:  1983 a. 376.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.54 - Revocation or revision.

853.54
Revocation or revision.
(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.
(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.
(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.
History:  1983 a. 376.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.57 - Personal, recreational and household items.

853.57
Personal, recreational and household items.
The following is the full text of paragraph 2.1 of the Wisconsin basic will and the basic will with trust:
If my spouse survives me, I give my spouse all my books, jewelry, clothing, personal automobiles, recreational equipment, household furnishings and effects, and other tangible articles of a household, recreational or personal use, together with all policies of insurance insuring any such items. If my spouse does not survive me, the personal representative shall distribute those items among my children who survive me, and shall distribute those items in as nearly equal shares as feasible in the personal representative's discretion. If none of my children survive me, the items described in this paragraph shall become part of the residuary estate.
History:  1983 a. 376.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.58 - Residuary estate; basic will.

853.58
Residuary estate; basic will.
The following is the full text of the property disposition clauses referred to in paragraph 2.3 of the Wisconsin basic will:
(a) TO MY SPOUSE IF LIVING; IF NOT LIVING, THEN TO MY CHILDREN AND THE DESCENDANTS OF ANY DECEASED CHILD BY RIGHT OF REPRESENTATION.
If my spouse survives me, then I give all my residuary estate to my spouse. If my spouse does not survive me, then I give all my residuary estate to my descendants by right of representation who survive me. If my spouse and descendants do not survive me, the personal representative shall distribute my residuary estate to my heirs at law, their identities and respective shares to be determined according to the laws of the State of Wisconsin in effect on the date of my death.
(b) TO BE DISTRIBUTED AS IF I DID NOT HAVE A WILL:
The personal representative shall distribute my residuary estate to my heirs at law, their identities and respective shares to be determined according to the laws of the State of Wisconsin in effect on the date of my death.
History:  1983 a. 376.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.60 - Mandatory clauses.

853.60
Mandatory clauses.
The Wisconsin basic will and basic will with trust include the following mandatory clauses:
(1)
Intestate disposition. If the testator has not made an effective disposition of the residuary estate, the personal representative shall distribute it to the testator's heirs at law, their identities and respective shares to be determined according to the laws of the state of Wisconsin in effect on the date of the testator's death.
(2)
Powers of personal representative.
(a)
In addition to any powers conferred upon personal representatives by law, the personal representative may do any of the following:
1.
Sell estate assets at public or private sale, for cash or on credit terms.
2.
Lease estate assets without restriction as to duration.
3.
Invest any surplus moneys of the estate in real or personal property, as the personal representative deems advisable.
(b)
The personal representative may distribute estate assets otherwise distributable to a minor beneficiary to any of the following:
1.
The guardian of the minor's person or estate.
2.
Any adult person with whom the minor resides and who has the care, custody or control of the minor.
3.
A custodian, serving on behalf of the minor under the uniform gifts to minors act or uniform transfers to minors act of any state.
(c)
On any distribution of assets from the estate, the personal representative may partition, allot and distribute the assets in kind, including undivided interests in an asset or in any part of it; partly in cash and partly in kind; or entirely in cash. If a distribution is being made to more than one beneficiary, the personal representative may distribute assets among them on a prorated or nonprorated basis, with the assets valued as of the date of distribution.
(3)
Powers of guardian. A guardian of the person or of the estate nominated in the Wisconsin basic will or basic will with trust, and subsequently appointed, shall have all of the powers conferred by law.
History:  1983 a. 376; 1987 a. 191.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.61 - Mandatory clauses; basic will with trust.

853.61
Mandatory clauses; basic will with trust.
The Wisconsin basic will with trust includes the following mandatory clauses:
(1)
Ineffective disposition. If, at the termination of any trust created in the Wisconsin basic will with trust, there is no effective disposition of the remaining trust assets, then the trustee shall distribute those assets to the testator's then living heirs at law, their identities and respective shares to be determined as though the testator had died on the date of the trust's termination and according to the laws of the state of Wisconsin then in effect.
(2)
Powers of trustee.
(a)
In addition to any powers conferred upon trustees by law, the trustee shall have all the powers listed in ss. 701.0815 and 701.0816.
(b)
In addition to the powers granted in par. (a), the trustee may:
1.
Hire and pay from the trust the fees of investment advisers, accountants, tax advisers, agents, attorneys and other assistants for the administration of the trust and for the management of any trust asset and for any litigation affecting the trust.
2.
On any distribution of assets from the trust, the trustee may partition, allot and distribute the assets in kind, including undivided interests in an asset or in any part of it; partly in cash and partly in kind; or entirely in cash. If a distribution is being made to more than one beneficiary, the trustee shall have the discretion to distribute assets among them on a prorated or nonprorated basis, with the assets valued as of the date of distribution.
3.
The trustee may, upon termination of the trust, distribute assets to a custodian for a minor beneficiary under the uniform gifts to minors act or uniform transfers to minors act of any state. The trustee is free of liability and is discharged from any further accountability for distributing assets in compliance with this section.
(3)
Trust administrative provisions. The following provisions shall apply to any trust created by a Wisconsin basic will with trust:
(a)
The interests of trust beneficiaries shall not be transferable by voluntary or involuntary assignment or by operation of law and shall be free from the claims of creditors and from attachment, execution, bankruptcy or other legal process to the fullest extent permissible by law.
(b)
The trustee shall be entitled to reasonable compensation for ordinary and extraordinary services, and for all services in connection with the complete or partial termination of any trust created by this will.
(c)
All persons who have any interest in a trust under a Wisconsin basic will with trust are bound by all discretionary determinations the trustee makes in good faith under the authority granted in the Wisconsin basic will with trust.
History:  1983 a. 376; 1987 a. 191; 2013 a. 92.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.62 - Date of execution of will.

853.62
Date of execution of will.
Except as specifically provided in ss. 853.50 to 853.61, a Wisconsin basic will or basic will with trust includes only the texts of the property disposition clauses and the mandatory clauses as they exist on the day the will is executed.
History:  1983 a. 376.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.01 - Definitions.

854.01
Definitions.
In this chapter:
(1)
“Extrinsic evidence" means evidence that would be inadmissible under the common law parole evidence rule or a similar doctrine because the evidence is not contained in the governing instrument to which it relates.
(2)
“Governing instrument" means a will; a deed; a trust instrument; an insurance or annuity policy; a contract; a pension, profit-sharing, retirement, or similar benefit plan; a marital property agreement under s. 766.58 (3) (f); a beneficiary designation under s. 40.02 (8) (a); an instrument under ch. 705; an instrument that creates or exercises a power of appointment; or any other dispositive, appointive, or nominative instrument that transfers property at death.
(3)
“Revocable," with respect to a disposition, provision, or nomination, means one under which the decedent, at the time referred to, was alone empowered, by law or under the governing instrument, to change or revoke, regardless of whether the decedent was then empowered to designate himself or herself in place of a former designee, and regardless of whether the decedent then had the capacity to exercise the power.
History:  1997 a. 188; 2005 a. 216 ss. 89, 90, 144.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.05 - No exoneration of encumbered property.

854.05
No exoneration of encumbered property.
(1)
Definitions. In this section:
(a)
“Debt" includes accrued interest on the debt.
(b)
“Encumbrance" includes mortgages, liens, pledges and other security agreements that are encumbrances on property.
(2)
Generally.
(a)
Except as provided in sub. (5), all property that is specifically transferred by a governing instrument shall be assigned to the transferee without exoneration of a debt that is secured by an encumbrance on the property.
(b)
If the debt that is secured by the encumbrance on the property is paid in whole or in part out of other assets, the specifically transferred property shall be assigned to the transferee only if any of the following applies:
1.
The transferee contributes to the person or entity that held the assets that were used to pay the debt an amount equal to the amount that was paid.
2.
The person or entity secures the amount described in subd. 1. through a new encumbrance on the property.
(3)
Joint tenancy; survivorship marital property. Except as provided in sub. (5), if all or part of a debt that is secured by an encumbrance on property in which the decedent at the time of death had an interest as a joint tenant or as a holder of survivorship marital property is paid out of other assets as the result of a claim being allowed, the person or entity that makes the payment is subrogated to all rights that the claimant had against the property.
(4)
Insurance. Except as provided in sub. (5), if all or part of a debt that is secured by an encumbrance on the proceeds payable under a life insurance policy in which the decedent was the named insured is paid out of other assets as the result of a claim being allowed, the person or entity that makes the payment is subrogated to all rights that the claimant had against the proceeds.
(5)
Contrary intent.
(a)
If the person who executed the governing instrument had an intent contrary to any provision in this section, then that provision is not applicable to the transfer. Extrinsic evidence may be used to construe the intent.
(b)
A general directive to pay debts does not give rise to a presumption of exoneration.
History:  1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.06 - Predeceased transferee.

854.06
Predeceased transferee.
(1)
Definitions. In this section:
(a)
“Provision in a governing instrument" includes all of the following:
1.
A gift to an individual whether or not the individual is alive at the time of the execution of the instrument.
2.
A share in a class gift only if a member of the class dies after the execution of the instrument.
3.
An appointment by the decedent under any power of appointment, unless the issue who would take under this section could not have been appointees under the terms of the power.
(c)
“Stepchild" means a child of the decedent's surviving, deceased or former spouse, and not of the decedent.
(2)
Scope of coverage. This section applies to revocable provisions in a governing instrument executed by the decedent that provide for an outright transfer upon the death of the decedent to any of the following persons:
(a)
A grandparent of the decedent, or issue of a grandparent, subject to s. 854.21.
(b)
A stepchild of the decedent, subject to s. 854.15.
(3)
Substitute gift to issue of covered transferee. Subject to sub. (4), if a transferee under a provision described in sub. (2) does not survive the decedent but has issue who do survive, the issue of the transferee take the transfer per stirpes, as provided in s. 854.04 (1).
(4)
Contrary intent.
(a)
Subsection (3) does not apply if any of the following applies:
1.
The governing instrument provides that a transfer to a predeceased beneficiary lapses.
2.
The governing instrument designates one or more persons, classes, or groups of people as contingent transferees, in which case those transferees take in preference to those under sub. (3). But if none of the contingent transferees survives, sub. (3) applies to the first group in the sequence of contingent transferees that has one or more transferees specified in sub. (2) who left surviving issue.
(bm)
If the person who executed the governing instrument had an intent contrary to any provision in this section, then that provision is not applicable to the transfer. Extrinsic evidence may be used to construe the intent.
History:  1997 a. 188; 2005 a. 216.
A will clause providing that if any beneficiary dies within 5 months of the testator, the deceased beneficiary's share is to be treated as if the beneficiary predeceased the testator, served to pass a deceased beneficiary's share to her children under the anti-lapse statute. Firehammer v. Marchant, 224 Wis. 2d 673, 591 N.W.2d 898 (Ct. App. 1999), 98-0586.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.07 - Failed transfer and residue.

854.07
Failed transfer and residue.
(1)
Except as provided in sub. (4) and s. 854.06, if an attempted transfer under a governing instrument fails, the attempted transfer becomes part of the residue of the governing instrument. This subsection does not apply if the attempted transfer is itself a residuary transfer.
(2)
Except as provided in sub. (4) and s. 854.06, if the residue of a governing instrument is to be transferred to 2 or more persons, the share of a residuary transferee that fails passes to the other residuary transferees in proportion to the interest of each in the remaining part of the residue.
(3)
If a governing instrument other than a will does not effectively dispose of an asset that is governed by the instrument, that asset shall be paid or distributed to the transferor's probate estate.
(4)
If the person who executed the governing instrument had an intent contrary to any provision in this section, then that provision is inapplicable to the transfer. Extrinsic evidence may be used to construe the intent.
History:  1997 a. 188; 2005 a. 216.
Under a will leaving “my homestead which I occupy at the time of my death" to a son, the home in which the testator lived when the will is executed should be awarded to the son even though the testator became ill and was confined to a nursing home for a year prior to his death and the home was rented. Estate of Gotthart, 56 Wis. 2d 563, 202 N.W.2d 397 (1972).
The testator's spouse inherited the residue when a purported residuary clause made only specific and general bequests and did not make a dispositive provision for distribution of the residue. To read into a will a gift by implication, it is necessary to first find a positive, disposing intent based on a contingency that did not occur. Then it is possible, if the facts warrant it, to imply the same intent concerning the contingency which did occur but which was not accounted for in the will. In Matter of Estate of McWilliams, 78 Wis. 2d 328, 254 N.W.2d 277 (1977).
NOTE:  The preceding cases were decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to the Wisconsin Probate Code.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.09 - Advancement; satisfaction.

854.09
Advancement; satisfaction.
(1)
A gift that the decedent made during his or her lifetime, including an incomplete gift that became complete on the decedent's death, is treated as a full or partial satisfaction of a transfer at death to an heir under s. 852.01 (1) or a transferee under a governing instrument executed by the decedent only if at least one of the following applies:
(a)
The governing instrument, if any, either expressly or as construed from extrinsic evidence, provides that the gift be taken into account.
(b)
The decedent declared in a document, either expressly or as construed from extrinsic evidence, that the gift is in satisfaction of, or an advance against, what the transferee would receive at the decedent's death, whether or not the document was contemporaneous with the gift.
(c)
The transferee acknowledged in writing before or after the decedent's death, either expressly or as construed from extrinsic evidence, that the gift is in satisfaction of, or an advance against, what the transferee would receive at the decedent's death.
(2)
For partial satisfaction, property given during life is valued as of the time that the transferee came into possession or enjoyment of the property or at the death of the person who executed the governing instrument, whichever occurs first.
(3)
If the transferee fails to survive the person who executed the governing instrument and his or her issue take a substitute transfer under intestacy or under a governing instrument, the issue receive the same transfer that the named transferee would have received had the transferee survived, unless the transferor declared otherwise in a document, either expressly or as construed from extrinsic evidence.
History:  1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.10 - Choice of law.

854.10
Choice of law.
The meaning and legal effect of a governing instrument are determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to s. 861.02 or 861.31 or any other public policy of this state otherwise applicable to the disposition.
History:  1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.11 - Gift of securities.

854.11
Gift of securities.
(1)
Definition. In this section, “securities" includes all of the following:
(a)
Any note, stock, treasury stock, bond, debenture, evidence of indebtedness, collateral trust certificate, transferable share or voting trust certificate.
(b)
Any certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease.
(c)
Any interest or instrument commonly known as a security.
(d)
Any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the instruments or interests specified in pars. (a) to (c).
(2)
Increase in securities; accessions. Except as provided in sub. (4), if a person executes a governing instrument that transfers securities and at the time of the execution or immediately after execution the described securities are in fact governed by the instrument, the transfer includes additional securities that are governed by the instrument at the person's death if all of the following apply:
(a)
The additional securities were acquired after the governing instrument was executed.
(b)
The additional securities were acquired as a result of ownership of the described securities.
(c)
The additional securities are any of the following types:
1.
Securities of the same organization acquired as a result of a plan of reinvestment.
2.
Securities of the same organization acquired by action initiated by the organization or any successor, related or acquiring organization, excluding any acquired by exercise of purchase options.
3.
Securities of another organization acquired as a result of a merger, consolidation, reorganization or other distribution by the organization or any successor, related or acquiring organization.
(3)
Gift of securities construed as specific. Except as provided in sub. (4), a transfer of a stated number of shares or amount of securities is construed to be a specific gift if the same or a greater number of shares or amount of the securities was governed by the instrument at the time of, or immediately after, execution of the instrument, even if the instrument does not describe the securities more specifically or qualify the description by a possessive pronoun such as “my".
(4)
Contrary intent. If the person who executed the governing instrument had an intent contrary to any provision in this section, then that provision is inapplicable to the transfer. Extrinsic evidence may be used to construe the intent.
History:  1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.12 - Debt to transferor.

854.12
Debt to transferor.
(1)
Heir under intestacy.
(a)
If an heir owes a debt to the decedent, the amount of the indebtedness shall be offset against the intestate share of the debtor heir.
(b)
In contesting an offset under par. (a), the debtor heir shall have the benefit of any defense that would be available to the debtor heir in a direct proceeding by the personal representative for the recovery of the debt, except that the debtor heir may not defend on the basis that the debt was discharged in bankruptcy or on the basis that the relevant statute of limitations has expired. If the debtor fails to survive the decedent, the court may not include the debt in computing any intestate shares of the debtor's issue.
(2)
Transferee under revocable governing instrument.
(a)
Subject to par. (c), if a transferee under a revocable governing instrument survives the transferor and is indebted to the transferor, the amount of the indebtedness shall be treated as an offset against the property to which the debtor transferee is entitled. If multiple revocable governing instruments transfer property to the debtor, the debt shall be equitably allocated against the various instruments.
(b)
Subject to par. (c), in contesting an offset under par. (a), the debtor shall have the benefit of any defense that would be available to the transferee in a direct proceeding for the recovery of the debt, except that the transferee may not defend on the basis that the debt was discharged in bankruptcy, unless that discharge occurred before the execution of the governing instrument, or on the basis that the relevant statute of limitations has expired. If the transferee fails to survive the decedent, the debt may not be included in computing the entitlement of alternate beneficiaries.
(c)
If the person who executed the governing instrument had an intent contrary to any provision in this subsection, then that provision is not applicable to the transfer. Extrinsic evidence may be used to construe the intent.
(3)
Property not distributed because of offset. The property not distributed to the debtor becomes part of the residue of the entity that holds the debt. If the debt is not held by an entity, then the property not distributed to the debtor becomes part of the residue of the decedent's probate estate.
History:  2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.17 - Marital property classification; ownership and division of marital property at death.

854.17
Marital property classification; ownership and division of marital property at death.
Classification of the property of a decedent spouse and surviving spouse, and ownership and division of that property at the death of a spouse, are determined under ch. 766 and s. 861.01.
History:  1985 a. 37; 1997 a. 188 s. 92; Stats. 1997 s. 854.17; 2005 a. 216, 387; 2009 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.18 - Order in which assets apportioned; abatement.

854.18
Order in which assets apportioned; abatement.
(1)
(a)
Except as provided in sub. (3) or in connection with the deferred marital property elective share amount of a surviving spouse who elects under s. 861.02, the share of a surviving spouse who takes under s. 853.12, or the share of a surviving 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:
1.
If the governing instrument is a will, property subject to intestacy.
2.
Residuary transfers or devises under the governing instrument.
3.
General transfers or devises under the governing instrument.
4.
Specific transfers or devises under the governing instrument.
(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.
(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.
(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.
(3)
If the governing instrument expresses an order of abatement, or if the transferor's estate plan or the purpose of the transfer, as expressed, implied, or construed through extrinsic evidence, 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.
History:  1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.19 - Penalty clause for contest.

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.
History:  1997 a. 188.