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Trusts and Estates – wills – execution — witnesses

By: WISCONSIN LAW JOURNAL STAFF//February 23, 2012//

Trusts and Estates – wills – execution — witnesses

By: WISCONSIN LAW JOURNAL STAFF//February 23, 2012//

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Wisconsin Court of Appeals

Civil

Trusts and Estates – wills – execution — witnesses

Sheldon Heck appeals a circuit court order denying the admission of his father’s will to probate based on a failure to comply with the execution of wills statute, Wis. Stat. § 853.03 (2009-10). Sheldon argues, contrary to the circuit court’s conclusion, that the will’s execution complied with the § 853.03 requirement that the testator sign the will, or acknowledge his or her signature or the will itself, in the “conscious presence” of each of two persons before they sign as witnesses to the will’s execution. In Sheldon’s view, the requirement is met as long as the testator is aware that a person is planning to sign as a witness and the testator could have “readily arranged” to sign or acknowledge his or her signature or the will itself in the presence of that person. We disagree and affirm the order. Not recommended for publication in the official reports.

2011AP1086 In re the estate of Floyd Heck

Dist IV, Clark County, Counsell, J., Blanchard, J.

Attorneys: For Appellant: Harnisch, Thomas W., Neillsville; For Respondent: Gamoke, William C., Marshfield; Feddick-Goodwin, Alanna Jane, Marshfield; Billings, Alan L., Marshfield

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