Wills
Wisconsin Last Will and Testament
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Wisconsin Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

Imagine that your family has to argue or go to court after you pass away just to decide who inherits or gets what in your estate. Nobody would want that. That's why settling these affairs as soon as possible should be on your priority list. Your Wisconsin last will and testament would make the entire process much easier and ensure that nobody has to go through a long court process. You need to get to work and create your online last will now.

If you're in Wisconsin, here's what you should follow.

Table of contents

1. Requirements for a Wisconsin Last Will and Testament  

2. Who can be your witnesses?

3. Wisconsin rules for a personal representative

4. Wisconsin Last Will and Amendment Notarization

5. Last Will Revocation rules

6. What if you have more than one Wisconsin will?

7. Last Will Amendment rules

8. Wisconsin rules for divorce after making your last will

9. What happens if you don't have a will in Wisconsin?

10.Last Will and Testament Wisconsin Free Template

11. How can TrulyWill help with your online will?

Requirements for your Wisconsin Last Will and Testament 

  • Written will: A Wisconsin last will and testament must be on paper to be legal. It would not be legal in audio, video, or other digital file forms. 
  • Must be of at least 18 age 
  • Sound mind and memory:  A Wisconsin last will-maker must understand the will process, their estate, relationships, and beneficiaries. For their last will to be valid, they should possess a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Wisconsin last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.

Who can be your witnesses for a Wisconsin Last Will and Testament? 

Your witnesses for a Wisconsin last will must follow these conditions:

  • Wisconsin allows anyone competent to become a witness. 
  • However, they must be competent to testify about what they witnessed and the will-making process.
  • It's better not to select beneficiaries as witnesses as they could lose the estate portion or any gift you leave them.

Wisconsin rules for a personal representative or an executor 

Choosing an executor for your Wisconsin last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Wisconsin doesn't restrict people convicted of a felony from being executors.
  4. Wisconsin allows you to choose someone out of state as your executor if they are approved by the court and select a state resident as their agent.

Last will and Testament Notarization in Wisconsin 

There's no need to notarize your Wisconsin last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Wisconsin Last Will Revocation 

You could follow any of the following methods to revoke your Wisconsin last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding.
  • Asking someone to destroy the last will before you and two witnesses 
  • Making a new legal will that revokes any part or the entire previous will.

What if you have more than one Wisconsin will?

If it's not clear whether your new Wisconsin will revoke the old one, the state will follow these rules:

  • It'll replace the old will if the new one has varying or contradictory terms to your previous Wisconsin will.
  • The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
  • If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old Wisconsin will.

Wisconsin Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Wisconsin last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Wisconsin rules for divorce after making your last will

  • Wisconsin law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Wisconsin will or remarry your ex.

What happens if you don't have a will in Wisconsin?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children 

Spouse inherits everything 

Has a spouse, has children 

(Children you share with that spouse)

Spouse gets everything 

Has a spouse, has children 

(At least one child is with someone other than that spouse)

Spouse gets one-half of your seperate estate 


Children inherit the balance of your separate property and your share of the community property 

Has parents, no children, no spouse 

Parents get everything 

Has siblings, no parents, no children, no spouse 

Siblings get everything 

Last Will and Testament Wisconsin Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Wisconsin free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Wisconsin last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Wisconsin last will and testament. 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spend hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solving your will and trust issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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Can I decide who would look after my minor children in my will?
Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.
Do I need to notarize my will?
Different states have varying requirements for Notarization. It's better to read your state rules before finalizing your last will and testament.
Can I leave or donate my estate to an organization or charity?
You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.
How should I store my will?
You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.
What would happen to my estate if I had no immediate family?
If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.
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