854.01 Definitions. In this chapter:
(1) “Extrinsic evidence" means evidence that would be inadmissible under the common law parole evidence rule or a similar doctrine because the evidence is not contained in the governing instrument to which it relates.
(2) “Governing instrument" means a will; a deed; a trust instrument; an insurance or annuity policy; a contract; a pension, profit-sharing, retirement, or similar benefit plan; a marital property agreement under s. 766.58 (3) (f); a beneficiary designation under s. 40.02 (8) (a); an instrument under ch. 705; an instrument that creates or exercises a power of appointment; or any other dispositive, appointive, or nominative instrument that transfers property at death.
(3) “Revocable," with respect to a disposition, provision, or nomination, means one under which the decedent, at the time referred to, was alone empowered, by law or under the governing instrument, to change or revoke, regardless of whether the decedent was then empowered to designate himself or herself in place of a former designee, and regardless of whether the decedent then had the capacity to exercise the power.
History: 1997 a. 188; 2005 a. 216 ss. 89, 90, 144.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 854 - Transfers at death — general rules.
854.03 - Requirement of survival by 120 hours.
854.05 - No exoneration of encumbered property.
854.06 - Predeceased transferee.
854.07 - Failed transfer and residue.
854.08 - Nonademption of specific gifts in certain cases.
854.09 - Advancement; satisfaction.
854.13 - Disclaimer of transfers at death.
854.14 - Beneficiary who kills decedent.
854.15 - Revocation of provisions in favor of former spouse or former domestic partner.
854.17 - Marital property classification; ownership and division of marital property at death.
854.18 - Order in which assets apportioned; abatement.
854.19 - Penalty clause for contest.
854.20 - Status of adopted persons.
854.21 - Persons included in family groups or classes.
854.22 - Form of distribution for transfers to family groups or classes.
854.23 - Protection of payers and other 3rd parties.
854.24 - Protection of buyers.
854.25 - Personal liability of recipients not for value.
854.26 - Effect of federal preemption.
854.30 - Application of certain wills or trusts referring to repealed federal transfer taxes.