Wisconsin Statutes 856.16 – Self-proved will
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 856.16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Dependent: A person dependent for support upon another.
- 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
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
(1) Unless there is proof of fraud or forgery in connection with the affidavit, if a will includes an affidavit in substantially the form under s. 853.04 (1) or (2), all of the following apply:
(a) The will is conclusively presumed to have been executed in compliance with s. 853.03.
(b) Other requirements related to the valid execution of the will are rebuttably presumed.
(c) A signature affixed to the affidavit is considered a signature affixed to the will, if necessary to prove the due execution of the will.
(2) Admission of a will under s. 856.13 or 856.15 is not dependent on the existence of a valid affidavit under s. 853.04.