Wisconsin

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

853.01, et seq

Operative Facts

1. 18 years old. and of sound mind
2. document must be signed
3. in presence of 2 witnesses
4. notify physician
5. form: §154.03
6. no effect during pregnancy
7. document may file with register in probate
8. Witnesses must not be related to declarant

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Signed by at least 2 witnesses within reasonable time following: testators signing in conscious presence of the witness, or testators implicit or explicit acknowledgement of the will in conscious presence of the witness. Witnesses may observe signing or acknowledgement at different times.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Without withesses, not recognized under Wisconsin law unless executed in accordance with law of place where executed or law of state of domicile at time of execution.