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How Many Witnesses Are Required to Enact a Codicil to a Will in Wisconsin?

Attorney Thomas B. Burton answers a reader question about how many witnesses are required to witness you sign a Codicil to your Will, in order to make a change to your Will after the original Will has been executed in the state of Wisconsin.


Transcript of Video: How Many Witnesses Are Required to Enact a Codicil to a Will in Wisconsin?


Today's question is from New Berlin

Wisconsin and the writer asks the

following how many witnesses are

required to enact a codicil in Wisconsin

my mother would like to change the

executor of her will and add a few items

to it I understand the codicil is used

for this purpose but I am unclear as to

how many witnesses are needed to enact a

codicil in Wisconsin so the short answer

is you need two witnesses to a will or a

codicil in the state of Wisconsin a

codicil is just a document that makes a

change to an existing will and these

witnesses need to be over the age of 18

competent not related by blood or

marriage to the person making the will

or adoption blood marriage or adoption

and not interested in the testator's

estate the testator is the person making

the will so in this case it would be

your mother if you want to go to

Wisconsin statute 853.07 and you could

Google that Wisconsin statute 853.07

it lists the witness requirements for a

will and in a longer form of goes

through what I just discussed that the

witnesses need to be competent over age

18 not related by blood marriage or

adoption and not interested meaning not

receiving a part of the estate for the

will they are witnessing so take a look

at Wisconsin statute 853.07 and if

your mother wants to make these updates

I suggest she work with a qualified

estate planning attorney who can draft the

codicil to meet her wishes and likely also

can help her make sure the codicil is

validly witnessed so it meets all the

legal requirements in Wisconsin great

question and thank you for asking!


© 2019 Law Office of Thomas B. Burton. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office.

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