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; […]
854.02 Scope. This chapter applies to all statutes and governing instruments that transfer property at death. History: 1997 a. 188. Wisconsin’s New Probate Code. Erlanger. Wis. Law. Oct. 1998.
854.03 Requirement of survival by 120 hours. (1) Requirement of survival. Except as provided in sub. (5), if property is transferred to an individual under a statute or under a provision in a governing instrument that requires the individual to survive an event and it is not established that the individual survived the event by […]
854.04 Representation; per stirpes; modified per stirpes; per capita at each generation; per capita. (1) By representation or per stirpes. (a) Except as provided in subs. (5) and (6), if a statute or a governing instrument calls for property to be distributed to the issue or descendants of a designated person “by representation,” “by right […]
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 […]
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 […]
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 […]
854.08 Nonademption of specific gifts in certain cases. (1) Abrogation of common law. The common law doctrine of ademption by extinction, as it might otherwise apply to the situations governed by this section, is abolished. (2) Proceeds of sale. (a) Subject to sub. (6), if property that is the subject of a specific gift is […]
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 […]
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 […]
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 […]
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 […]
854.13 Disclaimer of transfers at death. (1) Definitions. In this section: (a) “Beneficiary under a governing instrument” includes any person who receives or might receive property under the terms or legal effect of a governing instrument. (c) “Power of appointment” has the meaning given in s. 702.02 (6). (2) Right to disclaim. (a) In general. […]
854.14 Beneficiary who kills decedent. (2) Revocation of benefits. Except as provided in sub. (6), the unlawful and intentional killing of the decedent does all of the following: (a) Revokes a provision in a governing instrument that, by reason of the decedent’s death, does any of the following: 1. Transfers or appoints property to the […]
854.15 Revocation of provisions in favor of former spouse or former domestic partner. (1) Definitions. In this section: (a) “Disposition of property” means a transfer, including by appointment, of property or any other benefit to a beneficiary designated in a governing instrument. (b) “Divorce, annulment or similar event” means any of the following: 1. A […]
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 […]
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 […]
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. […]
854.20 Status of adopted persons. (1) Inheritance rights between adoptive person and adoptive relatives. (a) Subject to par. (b) and sub. (5), a legally adopted person is treated as a birth child of the person’s adoptive parents and the adoptive parents are treated as the birth parents of the adopted person for purposes of transfers […]
854.21 Persons included in family groups or classes. (1) Adopted persons. (a) Except as provided in 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 […]
