Wisconsin Last Will and Testament Template

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A Wisconsin Last Will and Testament is a legal estate-planning document, recognized in the State of Wisconsin, in which a testator (person to whom the will belongs) states their final wishes regarding how they would like to have their estate distributed in the event of their death. For most testators, the main priority will be the continued protection of a spouse and/or any children; these individuals are usually named as beneficiaries on the will, but the testator can designate any person to receive a portion of their estate. A testator can bequeath real and personal property, fiduciary assets, cash-on-hand, life insurance policies, and any other portion of their estate among their designated beneficiaries. This document may also be used to appoint an executor of the will or personal representative who will appropriately handle the estate in accordance with the conditions set by the testator. A will must be signed by the testator before two (2) credible, competent witnesses to be legally recognized under Wisconsin law. And though optional, a will can be notarized for extra legal protection. This document may be amended or revoked at any time by the testator.

Table of Contents

Laws

Definition(Section 851.31) – Unless the context or subject matter indicates otherwise, “Will” includes a codicil and any document incorporated by reference in a testamentary document under s. 853.32 (1) or (2). “Will” does not include a copy, unless the copy has been proven as a will under s. 856.17, but “will” does include a properly executed duplicate original.

Signing Requirements (Section 853.03) – Shall be signed by the Testator and by two (2) Witnesses.

Statutes – Chapter 853 (Wills)

(Video) How to Make a Will in Wisconsin

How to Write

Step 1 – Establish a testator of this document by placing their full name at the top of the document, to be followed by:

  • The testator’s name
  • City and County
  • Reviewing remainder of the paragraph
  • Read “Expenses and Taxes”

Step 2 – Appointment of a selected Executor – Enter:

  • Name the testator’s chosen executor
  • Name the City and County of the executor
  • Executor’s State

For the protection of the estate and beneficiaries, it would be wise for the testator to select an alternate executor in the even the initial representative is unable to carry out the execution of the estate according to the wishes of the testator. Select and alternate representative and enter:

  • Name of the alternate executor
  • City of residence
  • County of residence
  • Alternate’s State

Step 3 – Disposition of Property – Beneficiaries

Beneficiaries – Enter the following information:

  • Legal name
  • Physical addresses for named beneficiaries
  • Provide a description of the relationship to the testator
  • Enter the last four digits of the SSN for all persons named beneficiaries
  • Enter a list/descriptions of property that the testator shall provide per beneficiary

Step 4 – Testator must read all titled sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Witnesses/Signatures – All who shall serve as a signing party will be present one to another at the time of the signing of the document. All must enter:

  • Name of their testator
  • Date of testator’s signature = dd/mm/yyyy
  • Testator’s individual signature
  • Print testator’s name

Witnesses – Witnesses should view the brief statement and enter

  • Date of the signatures
  • Name of the testator

Witness 1 – 

  • Signature
  • Physical Address

Witness 2 –

  •  Signature
  • Physical Address

Step 6 – Affidavit of Testament – All signatories must review, then enter:

  • State
  • County
  • Name of testator
  • Name – 1st witness
  • Name – 2nd witness
  • AND
  • Signature of testator
  • Signature – 1st Witness
  • Signature – 2nd Witness

Step 7 (Optional) – Notary- As the testator completes the document, all signatures shall be witnessed and authenticated by a commissioned notary.

Related Forms

 

Advance Directive

Download: Adobe PDF

 

 

 


Durable (Financial) Power of Attorney

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