Can I Write My Own Will In Wisconsin? A Comprehensive Guide

Thinking about your legacy and how your assets will be distributed after you’re gone is a responsible thing to do. In Wisconsin, like most states, you have the power to create your own will. But before you start scribbling on a piece of paper, let’s delve into the specifics of writing your own will in Wisconsin and ensure you do it correctly. This article will serve as your guide, providing you with the necessary knowledge to navigate the process.

Understanding the Basics: What is a Will?

Before we discuss the specifics of Wisconsin law, it’s important to understand what a will actually is. Simply put, a will is a legal document outlining how you want your property and assets to be distributed after your death. It allows you to specify who will inherit your belongings, appoint a guardian for any minor children, and name an executor to manage the process of settling your estate. Without a will, your assets are distributed according to Wisconsin’s intestacy laws, which might not align with your wishes.

Wisconsin Requirements: Essential Elements for a Valid Will

Wisconsin has specific requirements that must be met for a will to be considered legally valid. If these aren’t followed precisely, the will could be challenged in probate court, potentially leading to your wishes not being carried out.

Witnesses are Key

One of the most crucial elements is the presence of witnesses. In Wisconsin, your will must be signed by you (or someone signing on your behalf, at your direction and in your presence) and witnessed by two credible individuals. These witnesses must be at least 18 years old, and they must sign the will in your presence. It’s vital that the witnesses understand they are witnessing your signature, not necessarily the contents of the will.

Testamentary Capacity: Are You of Sound Mind?

Another important aspect is testamentary capacity. To create a valid will in Wisconsin, you must be of sound mind. This means you must:

  • Understand you are signing a document that disposes of your property after your death.
  • Know the nature and extent of your property.
  • Understand who your heirs are (the people you would typically leave your property to).
  • Be able to make a reasonable judgment about the disposition of your property.

If there’s any doubt about your mental capacity, a will could be contested, and potentially invalidated.

Formalities Matter: The Importance of Proper Formatting

While there’s no required specific format, the will should be clearly written, dated, and signed. It should identify you, the testator (the person making the will), and name the beneficiaries (the people or entities who will inherit your property). Include specific instructions about how your assets should be divided. Make sure the will is clearly and unambiguously written to avoid any confusion or potential legal challenges.

Drafting Your Own Will: Step-by-Step Guide

Now that you know the basics, let’s break down the process of actually drafting your own will in Wisconsin.

1. Inventory Your Assets: Know What You Own

Before you start writing, you need to know what you own. This includes everything from real estate and bank accounts to investments, vehicles, and personal property. Create a detailed inventory of your assets and their estimated values. This will help you determine how to distribute your property effectively.

2. Identify Your Beneficiaries: Who Will Inherit?

Decide who you want to inherit your assets. This could be family members, friends, or charitable organizations. Clearly name each beneficiary and specify what they will receive. Be as specific as possible to avoid any ambiguity.

3. Choose an Executor: The Person in Charge

The executor is the person responsible for carrying out the instructions in your will. Choose someone you trust and who is capable of handling the responsibilities, such as gathering assets, paying debts and taxes, and distributing assets to the beneficiaries. You should name an alternate executor in case your first choice is unable or unwilling to serve.

4. Write the Will: Putting It All Together

Now comes the writing part. You can find will templates online, but these may not always be suitable for your specific circumstances. Clearly state your wishes, using simple and straightforward language. Specify the assets, the beneficiaries, and how the assets should be distributed. Include clauses for any specific bequests (gifts of specific items) or residuary clauses (what happens to anything not specifically mentioned).

Once you have drafted the will, it needs to be signed and witnessed according to Wisconsin law. Sign the will in the presence of two witnesses. The witnesses must also sign the will in your presence. Ensure the witnesses are not beneficiaries in the will, as this could affect its validity.

6. Store Your Will Safely: Protecting Your Document

After the will is properly executed, store it in a safe and accessible location. Inform your executor and close family members where the will is located. Consider keeping a copy in a safe deposit box or with your attorney.

While you can write your own will in Wisconsin, there are situations where consulting an attorney is highly recommended.

Complex Estates: Navigating Complicated Assets

If you have a complex estate, such as substantial assets, businesses, or out-of-state property, an attorney can help you navigate the complexities and ensure your will is properly structured to minimize estate taxes and avoid potential legal challenges.

Blended Families: Addressing Unique Challenges

Blended families often face unique challenges when it comes to estate planning. An attorney can help you create a will that addresses the specific needs of your family and ensures your wishes are carried out.

Potential for Disputes: Minimizing the Risk

If you anticipate potential disputes among your heirs, an attorney can help you draft a will that minimizes the risk of challenges and ensures your wishes are as clear and legally sound as possible.

Frequently Asked Questions About Wisconsin Wills

Here are some common questions people have about creating their own wills in Wisconsin:

What happens if I don’t have a will?

If you die without a will in Wisconsin, your property will be distributed according to the state’s intestacy laws. This typically means your assets will be divided among your spouse and children, or, if you have neither, other relatives, following a specific hierarchy. This process might not align with your wishes.

Can I change my will later?

Yes, you can change your will at any time, as long as you have testamentary capacity. You can do this by creating a codicil (an amendment to the will), or by creating a new will that revokes the previous one. It’s important that any changes follow the same legal requirements as the original will, including proper signing and witnessing.

What if I want to disinherit a family member?

You can disinherit a family member in your will. However, it’s crucial to do so explicitly and clearly, stating your intention to disinherit them. Failure to do so can lead to a challenge of your will. It’s often wise to consult with an attorney in this scenario.

Do I need to notarize my will?

While not required for a will to be valid in Wisconsin, you may choose to have your will notarized. A notarized will, along with an affidavit of the witnesses, can make the probate process easier. The witnesses sign affidavits, swearing that they witnessed you signing the will.

What about digital assets?

You should consider how to handle your digital assets, such as online accounts, social media profiles, and digital files. While not directly part of the will, you can include instructions about these assets in a separate document, or in a clause within your will, to ensure your loved ones can access or manage them after your passing.

Conclusion: Taking Control of Your Legacy

Writing your own will in Wisconsin is a viable option, empowering you to control the distribution of your assets after your death. By understanding the legal requirements, carefully planning your estate, and following the steps outlined in this guide, you can create a will that reflects your wishes. However, remember that complex situations may warrant the expertise of an attorney. Taking the time to plan and prepare your will is an important step in ensuring your legacy is honored and your loved ones are protected.