Wisconsin Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property and names the person (your personal representative, sometimes called an executor) who will administer your estate after you die. It can also name a guardian for minor children.

2. 2

   Wisconsin requires 2 witnesses. Wis. Stat. Section 853.03 requires the will to be signed by at least 2 witnesses who sign within a reasonable time after the testator signs or acknowledges the will, in the witnesses' conscious presence.

3. 3

   Avoid interested witnesses. Under Wis. Stat. Section 853.07, if a witness (or their spouse) is also a beneficiary, that witness's gift is invalid to the extent it exceeds what they would have received had the testator died without a will. Using 2 disinterested witnesses avoids this risk entirely.

4. 4

   A self-proving affidavit is available, and it needs a notary. Under Wis. Stat. Section 853.04, the testator and witnesses can sign a sworn affidavit before an officer authorized to administer oaths (a notary), who then certifies it under seal. This affidavit is optional and separate from the will itself; it lets the will be admitted to probate without live witness testimony.

5. 5

   Wisconsin does not recognize holographic wills. A handwritten will that is signed only by the testator, without the 2 required witnesses, is not valid in Wisconsin under Wis. Stat. Section 853.03. A will validly executed under the law of another state where it was signed, or of the testator's residence, domicile, or nationality, may still be honored under Wis. Stat. Section 853.05.

6. 6

   The will itself does not need a notary. Wisconsin validates a will through 2 witnesses signing in the testator's conscious presence, not through notarization. A notary is required only for the optional self-proving affidavit, never for the base will.

7. 7

   Minimum age is 18, and the testator must be of sound mind. Wis. Stat. Section 853.01 requires the testator to be 18 years of age or older and of sound mind (testamentary capacity) to make or revoke a will.

Wisconsin Requirements for Last Will and Testament

• Sign the Will With 2 Witnesses

  A Wisconsin will must be signed by the testator and by at least 2 witnesses who sign within a reasonable time after the testator signs or acknowledges the will, in the witnesses' conscious presence, under Wis. Stat. Section 853.03.

• Avoid Using an Interested Witness

  Under Wis. Stat. Section 853.07, if a witness (or the witness's spouse) is also a beneficiary, that beneficial gift is invalid to the extent it exceeds what the witness would have received had the testator died intestate. Use 2 witnesses who are not beneficiaries to avoid this risk.

• No Notary Needed for the Will Itself

  Wisconsin validates a will through witness signatures, not notarization. Wis. Stat. Section 853.03 requires 2 witnesses signing in the testator's conscious presence; a notary is not required to make the will itself valid.

• Optional Self-Proving Affidavit Needs a Notary

  Under Wis. Stat. Section 853.04, the testator and witnesses may sign a self-proving affidavit before an officer authorized to administer oaths (a notary), who certifies it under seal. This optional step lets a Wisconsin probate court admit the will without locating the witnesses to testify.

• Wisconsin Does Not Recognize Holographic Wills

  A handwritten will signed only by the testator, without the 2 witnesses Wis. Stat. Section 853.03 requires, is not valid in Wisconsin. Under Wis. Stat. Section 853.05, a will validly executed under the law of the state where it was signed, or of the testator's residence, domicile, or nationality, may still be honored.

• Testator Must Be 18 and of Sound Mind

  Wis. Stat. Section 853.01 requires the testator to be 18 years of age or older and of sound mind (testamentary capacity) to make or revoke a Wisconsin will.

• Revoke by a Later Will or by Physical Act

  Under Wis. Stat. Section 853.11, a Wisconsin will is revoked, in whole or in part, by a later will or codicil executed under Section 853.03 or 853.05 that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying the will with intent to revoke.

• Divorce Can Revoke Gifts to a Former Spouse

  Wis. Stat. Section 854.15, referenced in Section 853.11, governs how a divorce or annulment affects provisions in a Wisconsin will for a former spouse or former domestic partner, generally revoking those provisions unless the will or a later agreement says otherwise.