853.03 Execution of wills. Every will in order to be validly executed must be in writing and executed with all of the following formalities:

(1) It must be signed by the testator, by the testator with the assistance of another person with the testator's consent or in the testator's name by another person at the testator's direction and in the testator's conscious presence.

(2)

(am) It must be signed by at least 2 witnesses who signed within a reasonable time after any of the following:

1. The signing of the will as provided under sub. (1), in the conscious presence of the witness.

2. The testator's implicit or explicit acknowledgement of the testator's signature on the will, in the conscious presence of the witness.

3. The testator's implicit or explicit acknowledgement of the will, in the conscious presence of the witness.

(bm) The 2 witnesses required under par. (am) may observe the signing or acknowledgement under par. (am) 1. to 3. at different times.

History: 1993 a. 486; 1997 a. 188; 2005 a. 216.

The requirement of s. 238.06, 1969 stats., that if not signed by the testator, the will must be signed by some person in the testator's presence and by his express direction, is not met by simply taking the testator's hand as an inanimate object and making a mark or signature if the testator fails or is unable to in any manner expressly authorize another to sign for him. Estate of Komarr, 46 Wis. 2d 230, 175 N.W.2d 473 (1970).

NOTE: The preceding case was decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to this section.