In Wisconsin, a will can be revoked in several ways under Wisconsin Statutes § 853.11, and the law recognizes both intentional acts by the testator and certain legal events that automatically revoke all or part of a will. The most common method is revocation by a subsequent will or codicil: a later instrument that either expressly revokes the prior will or is inconsistent with it to the extent of the inconsistency. If the later document does not fully dispose of all property, revocation may be only partial, matching the inconsistent provisions.
A will may also be revoked by a physical act when the testator burns, tears, cancels, obliterates, or destroys the will (or part of it) with the intent to revoke, either personally or by directing another to do so in the testator’s conscious presence. Partial revocation such as striking out a specific clause is permitted so long as the intent to revoke that portion is clear. Revocation can likewise be accomplished by a separate writing signed by the testator that clearly shows the intent to revoke the prior will (or a part of it) and meets Wisconsin’s execution requirements for wills, or qualifies under the harmless-error rule where applicable.
There are also revocations that occur by operation of law in certain family circumstances. Marriage after a will is executed does not automatically revoke the will; however, the surviving spouse may have rights as an omitted spouse unless the will demonstrates a contrary intent. By contrast, divorce or annulment generally results in automatic revocation of any will provisions in favor of the former spouse including gifts in the will and nominations of the ex-spouse as personal representative or other fiduciary treating that person as if they had predeceased the testator.
The overarching principle is that revocation requires clear intent, except in the case of automatic revocation upon divorce. Wisconsin courts look for strong evidence that the testator intended to revoke the will or the specific provision at issue. In summary, a Wisconsin will may be revoked by executing a later will or codicil, by performing a revocatory physical act with the requisite intent, by a signed writing intended to revoke the will, or by operation of law upon divorce or annulment.
If you would like to discuss this matter more thoroughly, please reach out to our Madison Wisconsin Estate Planning attorneys. We are here to help!