In Wisconsin, a will must satisfy the statutory execution requirements in Wisconsin Statutes § 853.03 to be valid. The testator must be at least 18 years old and possess testamentary capacity—meaning they understand the nature and extent of their property, know the natural objects of their bounty, understand that they are making a will to dispose of property at death, and can form a rational plan for distribution. The will must be in writing as Wisconsin does not recognize oral wills, and it may be handwritten or typewritten. It must be signed by the testator, or by another person at the testator’s direction and in the testator’s conscious presence.
Two competent witnesses must also sign the will. Each witness must sign within a reasonable time after witnessing the testator sign the will or after the testator acknowledges the signature or acknowledges the will. Wisconsin law does not automatically invalidate a will because a witness is also a beneficiary; however, an interested witness can affect the validity of the gift made to that witness under Wisconsin Statutes § 853.07.
Although not mandatory, Wisconsin allows a will to be made “self-proved” by attaching a self-proving affidavit executed before a notarial officer under Wisconsin Statutes § 853.04. A self-proved will can generally be admitted to probate without live testimony from the subscribing witnesses, unless the court orders otherwise.
In summary, to properly execute a will in Wisconsin, the testator must be 18 or older and have testamentary capacity; the will must be in writing; the testator must sign (or direct another to sign in the testator’s conscious presence); and at least two competent witnesses must sign within a reasonable time after witnessing or acknowledging the testator’s signature or the will. While not required, adding a self-proving affidavit is recommended because it simplifies probate.
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!