853.25 Unintentional failure to provide for issue of testator.

347 words·~2 min read·/wi/chapter-853/853-25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Children born or adopted after making of the will.

(a)Applicability. Except as provided in sub.

(5), if a will fails to provide for a child of the testator born or adopted after execution of the will, the child is entitled to a share of the estate unless any of the following applies:

1. It appears from the will or from other evidence that the omission was intentional.

2. The testator provided for the omitted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator’s statements or is reasonably inferred from the amount of the transfer or other evidence.

(b)Share if testator had no living child at execution. Except as provided in sub.

(5), if a will fails to provide for a child of the testator born or adopted after the execution of the will and the testator had no child living when he or she executed the will, the omitted child receives a share in the estate equal in value to that which the child would have received under ch. 852 . This paragraph does not apply if the will devised all or substantially all of the estate to or for the benefit of the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.

(c)Share if testator had living child at execution. Except as provided in sub.

(5), if a will fails to provide for a child of the testator born or adopted after the execution of the will and the testator had one or more children living when he or she executed the will and the will devised property to one or more of the then-living children, the omitted child is entitled to share in the testator’s estate as follows:

1. The portion that the omitted child is entitled to share is limited to devises made to the testator’s then-living children under the will.