853.40 Disclaimer. A person to whom property would otherwise pass under a will may disclaim all or part of the property as provided in s. 854.13.
History: 1977 c. 309; 1983 a. 186; 1983 a. 189 s. 329 (26); 1985 a. 29, 37; 1987 a. 220; 1991 a. 39; 1997 a. 188.
Unless barred by statute, a debtor can disclaim a bequest, thus defeating a creditor's action under s. 813.026. Estate of Goldhammer v. Goldhammer, 138 Wis. 2d 77, 405 N.W.2d 693 (Ct. App. 1987).
Except for a tax-related “qualified disclaimer," the 9-month time limit for disclaimer of a future interest commences on the death of the life tenant. Estate of Balson, 183 Wis. 2d 31, 515 N.W.2d 474 (Ct. App. 1994).
NOTE: The preceding cases were decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to s. 853.27 and created s. 854.06.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
853.01 - Capacity to make or revoke a will.
853.05 - Execution of wills outside the state or by nonresidents within this state.
853.09 - Deposit of will in circuit court during testator's lifetime.
853.12 - Premarital will or predomestic partnership will.
853.15 - Equitable election if will attempts to dispose of property belonging to beneficiary.
853.17 - Effect of will provision changing beneficiary of life insurance or annuity.
853.18 - Designation of beneficiary, payee or owner.
853.25 - Unintentional failure to provide for issue of testator.
853.29 - After-acquired property.
853.31 - Presumption that will passes all of testator's interest in property.
853.32 - Effect of reference to another document.
853.325 - Effect of reference to acts or events.
853.34 - Transfers to testamentary trusts.
853.35 - Nonademption of specific gifts in certain instances.
853.41 - Applicability of general transfers at death provisions.
853.53 - Selection of property disposition clause.
853.54 - Revocation or revision.
853.55 - Wisconsin basic will.
853.56 - Wisconsin basic will with trust.
853.57 - Personal, recreational and household items.
853.58 - Residuary estate; basic will.
853.59 - Residuary estate; basic will with trust.