If you’ve decided that now is the time to create an estate plan to protect your assets and your family’s future, you probably have questions. To get the answers to those questions, turn to an experienced estate planning law firm like Peterson, Berk & Cross, S.C.
Peterson, Berk & Cross, S.C., has over 150 years of combined experience and is known for being both accessible and results-driven. We use a team approach to every case, and we’ll keep you informed throughout the process.
Whether you’re planning for the future or simply getting your paperwork in order, it’s essential to understand the rules for signing a will in Wisconsin. Here’s a quick look at what you need to know before you make it official.
Basic Requirements for a Valid Will
Wisconsin law sets specific requirements for a valid will:
- The testator must be at least 18 years old.
- They must be of sound mind.
- The will must be in writing.
- The will must be witnessed by at least two people who are not beneficiaries.
The testator is the person creating the will. Being of “sound mind” means they understand they are signing a will, the extent of their assets, and who will inherit their property. Handwritten or printed wills are accepted, but oral or spoken wills are not recognized. If someone questions the testator’s mental capacity at the time of signing, the will could be challenged in probate.
Electronic Wills in Wisconsin
Wisconsin does not currently recognize electronic wills. To be valid, a will must be a physical, written document signed by the testator and two witnesses. Digital signatures or electronic-only documents do not meet Wisconsin’s legal requirements, and any attempt to use them may result in the will being rejected in probate court. If you want to make sure your wishes are observed, follow the state’s exact standards for properly executing a written will.
Execution Requirements: Witnesses, Notaries, and Self-Proving Affidavits
In Wisconsin, a will must meet specific execution requirements to be valid in probate court:
- The testator must sign the document.
- Two competent witnesses must also sign in the testator’s presence.
- These witnesses should not be named in the will to avoid potential conflicts of interest.
- Witnesses do not need to read the will, but they must understand that it is indeed a will.
Even though a will doesn’t have to be notarized, many lawyers suggest adding something called a self-proving affidavit. This is a document signed by the person making the will and the witnesses in front of a notary. It proves that the will was signed correctly and voluntarily. A will with this extra step is harder to fight in court, which can make things easier for your family later.
Why Legal Help Matters
Writing a will may seem easy, but small mistakes can cause big issues later. That’s why it helps to work with an estate planning attorney. They’ll guide you through the process and help you avoid problems down the road.
Your lawyer can:
- Help you write and sign a will that meets all legal standards.
- Confirm that the document accurately reflects your wishes and assets.
- Provide guidance on selecting witnesses, notarization, and making updates.
During the process, your lawyer will stay in touch with you. They will answer your questions and explain any confusing legal words. They will also help you understand how your choices affect your family. Having this guidance makes the process clearer and helps you feel more at ease.
Secure Your Legacy With Confidence
A will gives you control over what happens to your property when you are gone. It helps avoid unnecessary family conflict and ensures your wishes are clearly understood. Without one, state laws decide who inherits your estate, which may not create the results you desire.
You do not have to figure it out alone. The experienced team at Peterson, Berk & Cross, S.C., will guide you through Wisconsin’s requirements for creating a legal will and help you protect your legacy. Contact our law firm today to get started.