Wisconsin Last Will and Testament

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Wisconsin, in the absence of a will, a surviving spouse inherits the entire estate even when the surviving spouse and decedent share descendants. If a decedent has at least one child who is not also a descendant of the surviving spouse, the spouse’s share is one-half of the decedent’s separate property; the children inherit the decedent’s community property share as well as the rest of the separate property.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to the ability to distribute property?

Not all property can be distributed according to a will. Some exceptions include the following:

• Property owned in joint tenancy with right of survivorship
• Survivorship marital property
• Life insurance policy and retirement account proceeds
• Assets held in a revocable living trust

Form a last will in Wisconsin

The basic requirements for a Wisconsin last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his conscious presence, by his direction.
• Witnesses: A Wisconsin will must be signed by at least two witnesses who signed within a reasonable time after the will’s signing or the testator’s acknowledgment of the signature, within the conscious presence of the witness.
• Writing: A will must be in writing in Wisconsin.
• Beneficiaries: A testator can leave property to anyone.