Wisconsin Code § 853.11

Revocation
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(1) REVOCATION BY WRITING. (a) A
will is revoked in whole or in part by a subsequent will that is executed in compliance with s. 853.03 or 853.05 and that revokes
the prior will or a part thereof expressly or by inconsistency.
(bm) 1. A subsequent will wholly revokes the prior will if the
testator intended the subsequent will to replace rather than supplement the prior will, regardless of whether the subsequent will
expressly revokes the prior will.
2. The testator is presumed to have intended a subsequent
will to replace, rather than supplement, the prior will if the subsequent will completely disposes of the testator’s estate. If this presumption arises and is not rebutted by clear and convincing evidence, the prior will is revoked.
3. The testator is presumed to have intended a subsequent
will to supplement, rather than replace, the prior will if the subsequent will does not completely dispose of the testator’s estate. If
this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the prior will only to
the extent of any inconsistency.
(1m) REVOCATION BY PHYSICAL ACT. A will is revoked in
whole or in part by burning, tearing, canceling, obliterating or destroying the will, or part, with the intent to revoke, by the testator
or by some person in the testator’s conscious presence and by the
testator’s direction.
(2m) PREMARITAL OR PREDOMESTIC PARTNERSHIP WILL.
Entitlements of a surviving spouse or surviving domestic partner
under a decedent’s will that was executed before marriage to the
surviving spouse or before recording of the domestic partnership
under ch. 770 are governed by s. 853.12.
(3) TRANSFER TO FORMER SPOUSE OR FORMER DOMESTIC
PARTNER. A transfer under a will to a former spouse or former
domestic partner is governed by s. 854.15.
(3m) INTENTIONAL KILLING OF DECEDENT BY BENEFICIARY.
If a beneficiary under a will killed the decedent, the rights of that
beneficiary are governed by s. 854.14.
(4) OTHER METHODS OF REVOCATION. A will is revoked only
as provided in this section.
(5) DEPENDENT RELATIVE REVOCATION. Except as modified
by sub. (6) this section is not intended to change in any manner
the doctrine of dependent relative revocation.
(6) REVIVAL OF REVOKED WILL. (a) If a subsequent will that
partly revoked a previous will is itself revoked by a revocatory act

under sub. (1m), the revoked part of the previous will is revived.
This paragraph does not apply if it is evident from the circumstances of the revocation of the subsequent will or from the testator’s contemporary or subsequent declarations that the testator
did not intend the revoked part of the previous will to take effect
as executed.
(b) If a subsequent will that wholly revoked a previous will is
itself revoked by a revocatory act under sub. (1m), the previous
will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of
the subsequent will or from the testator’s contemporary or subsequent declarations that the testator intended the previous will to
take effect as executed.
(c) If a subsequent will that wholly or partly revoked a previous will is itself revoked by another, later will, the previous will
or its revoked part remains revoked, unless it or its revoked part is
revived. The previous will or its revoked part is revived to the extent that it appears from the terms of the later will, or from the
testator’s contemporary or subsequent declarations, that the testator intended the previous will or its revoked part to take effect.
(d) In the absence of an original valid will, the execution and
validity of the revived will or part may be established as provided
in s. 856.17.

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