Wisconsin Statutes 853.13 – Contracts
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Terms Used In Wisconsin Statutes 853.13
- Contract: A legal written agreement that becomes binding when signed.
- Devise: To gift property by will.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Intestate: Dying without leaving a will.
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) A contract to make a will or devise, not to revoke a will or devise or to die intestate may be established only by any of the following:
(a) Provisions of a will stating the material provisions of the contract.
(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.
(c) A valid written contract, including a marital property agreement under s. 766.58 (3) (e).
(d) Clear and convincing extrinsic evidence.
(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.