State Codes and Statutes

Statutes > Wisconsin > 853 > 853.13

853.13

853.13 Contracts.

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.