853.32 Effect of reference to another document.

382 words·~2 min read·/wi/chapter-853/853-32-2

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

(1)Incorporation.

(am)A will may incorporate by reference another writing or document if all of the following apply:

1. The will, either expressly or as construed from extrinsic evidence, manifests an intent to incorporate the other writing or document.

2. The other writing or document was in existence when the will was executed.

3. The other writing or document is sufficiently described in the will to permit identification with reasonable certainty.

4. The will was executed in compliance with s. 853.03 or 853.05 .

(bm)A writing or document is incorporated into a will under par.

(am)even if the writing or document is not executed in compliance with s. 853.03 or 853.05 .

(2)Disposition of tangible personal property and digital property.

1. A reference in a will to another document that lists tangible personal property not otherwise specifically disposed of in the will disposes of that property if the other document describes the property and the distributees with reasonable certainty and is signed and dated by the decedent. The court may enforce a document that is not dated but that fulfills all of the other requirements under this paragraph.

2. A reference in a will to another document that lists digital property, as defined in s. 711.03

(10), not otherwise specifically disposed of in the will disposes of that digital property if the other document describes the digital property and the distributees with reasonable certainty and is signed and dated by the decedent. The court may enforce a document that is not dated but that fulfills all of the other requirements under this paragraph.

(am)Another document under par.

(a)is valid if it was signed in compliance with s. 853.03

(1)or with the law of the place where the document was signed, or where the testator resided, was domiciled, or was a national at the time the document was signed or at the time of death, even if it was not otherwise executed in compliance with s. 853.03

(2)or 853.05 .

(b)Another document under par.

(a)is valid even if any of the following applies:

1. The document does not exist when the will is executed.

2. The document is changed after the will is executed.