2010 Wisconsin Code
Chapter 853. Wills.
853.13(1)(1) A contract to make a will or devise, not to revoke a will or devise or to die intestate may be established only by any of the following:
853.13(1)(a)(a) Provisions of a will stating the material provisions of the contract.
853.13(1)(b)(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.
853.13(1)(c)(c) A valid written contract, including a marital property agreement under s. 766.58 (3) (e).
853.13(1)(d)(d) Clear and convincing extrinsic evidence.
853.13(2)(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
853.13 - ANNOT.History: 1995 a. 225; 1997 a. 188.
853.13 - ANNOT.The existence of an irrevocable contract does not prevent the making of a later will or its admission to probate. The remedy is an action in equity to enforce the contract. Estate of Schultz, 53 Wis. 2d 643, 193 N.W.2d 655 (1972).
853.13 - ANNOT.Whether clear and convincing evidence of a contract exists is a fact to be found by the trial court and given deference by an appellate court. Estate of Czerniejewski, 185 Wis. 2d 892, 619 N.W.2d 702 (Ct. App. 1994).
853.13 - ANNOT.NOTE: The preceding cases were decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to this section.
853.13 - ANNOT.Joint and mutual wills. Kroncke, 43 WBB, No. 5.
853.13 - ANNOT.Contracts to make joint or mutual wills. O'Donnell, 55 MLR 103.
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