Wisconsin Statutes
Wis. Stat. § 853.13 (2026)
Contracts
✓ current as of July 2026
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853.13(1)(1) A contract to make a will or devise, not to revoke a will or devise or to die intestate may be established only by any of the following:
853.13(1)(b)(b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract.
853.13(1)(c)(c) A valid written contract, including a marital property agreement under s. 766.58 (3) (e).
853.13(2)(2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
853.13 AnnotationThe existence of an irrevocable contract does not prevent the making of a later will or its admission to probate. The remedy is an action in equity to enforce the contract. Estate of Schultz, 53 Wis. 2d 643, 193 N.W.2d 655 (1972).
853.13 AnnotationWhether clear and convincing evidence of a contract exists is a fact to be found by the trial court and given deference by an appellate court. Estate of Czerniejewski, 185 Wis. 2d 892, 619 N.W.2d 702 (Ct. App. 1994).
853.13 NoteNOTE: The preceding cases were decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to this section.
853.13 AnnotationJoint and mutual wills. Kroncke, 43 WBB, No. 5.
853.13 AnnotationContracts to make joint or mutual wills. O’Donnell, 55 MLR 103.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1994–2024 · leading case: Pindel v. Czerniejewski, 519 N.W.2d 702 (Wis. Ct. App. 1994).
Pindel v. Czerniejewski, 519 N.W.2d 702 (Wis. Ct. App. 1994). “309, Laws of 1969, creates § 853.13, Stats., but is not effective until April 1, 1971, ch.”
Caflisch v. Staum, 2000 WI App 113 (Wis. Ct. App. 2000). “§ 853.13 provides: *216 When will is contractual.”
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 853.13, which went into effect on April 1, 1971— “alter[ed] the principle that an inference of a contract arises from the fact of a joint will.”
— Wis. Stat. § 853.13(1) — 1 case
Pindel v. Czerniejewski, 519 N.W.2d 702 (Wis. Ct. App. 1994). “309, Laws of 1969, creates § 853.13, Stats., but is not effective until April 1, 1971, ch.”
— Wis. Stat. § 853.13(1)(a) — 1 case
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 853.13, which went into effect on April 1, 1971— “alter[ed] the principle that an inference of a contract arises from the fact of a joint will.”
— Wis. Stat. § 853.13(1)(b) — 1 case
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 853.13, which went into effect on April 1, 1971— “alter[ed] the principle that an inference of a contract arises from the fact of a joint will.”
— Wis. Stat. § 853.13(1)(c) — 1 case
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 853.13, which went into effect on April 1, 1971— “alter[ed] the principle that an inference of a contract arises from the fact of a joint will.”
— Wis. Stat. § 853.13(1)(d) — 1 case
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 853.13, which went into effect on April 1, 1971— “alter[ed] the principle that an inference of a contract arises from the fact of a joint will.”
— Wis. Stat. § 853.13(2) — 1 case
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 853.13, which went into effect on April 1, 1971— “alter[ed] the principle that an inference of a contract arises from the fact of a joint will.”
— Wis. Stat. § 853.13(l)(c) — 1 case
Pindel v. Czerniejewski, 519 N.W.2d 702 (Wis. Ct. App. 1994). “309, Laws of 1969, creates § 853.13, Stats., but is not effective until April 1, 1971, ch.”
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