Wisconsin Statutes
Wis. Stat. § 853.27 (2026)
Lapse
✓ current as of July 2026
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853.27853.27 Lapse. The rights under a will of a beneficiary who predeceases the testator are governed by s. 854.06.
853.27 AnnotationA will clause providing that if any beneficiary dies within 5 months of the testator, the deceased beneficiary’s share is to be treated as if the beneficiary predeceased the testator, served to pass a deceased beneficiary’s share to her children under the anti-lapse statute. Firehammer v. Marchant, 224 Wis. 2d 673, 591 N.W.2d 898 (Ct. App. 1999), 98-0586.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1974–2024 · leading case: In Re Est. of Haese, 259 N.W.2d 54 (Wis. 1977).
In Re Est. of Haese, 259 N.W.2d 54 (Wis. 1977). “We conclude the phrase “any relative” as it appears in sec. 853.27, Stats., is restricted to those of consanguinity and that the will expresses no other intention.”
Est. of Smith v. Marchant, 591 N.W.2d 898 (Wis. Ct. App. 1999). “" The personal representative thus distributed Smith's deceased daughter's share to her son, Firehammer, pursuant to Wisconsin's anti-lapse statute, § 853.27, STATS. (1995-96). 1 Smith's other daughter, Nancy Marchant, filed a motion seeking to prevent this distribution.”
In Matter of Est. of Hillman, 363 N.W.2d 588 (Wis. Ct. App. 1985). “Section 853.27 (1), Stats., provides that the heirs of a beneficiary who is a relative of the testator succeed to the deceased beneficiary’s interest unless a contrary intent is indicated by the will.”
McElligott v. Murray, 222 N.W.2d 885 (Wis. 1974). “Sec. 853.27, Stats., the anti-lapse statute, provides in pertinent part: "Rights of issue of beneficiary dying before testator (lapse).”
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “06(2)(a). If a transferee under such a provision “does not survive the decedent but has issue who do survive, the issue of the transferee take the transfer per stirpes, as provided in [WIS.”
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2022). “§ 853.27 states: “The rights under a will of a beneficiary who predeceases the testator are governed by [WIS.”
— Wis. Stat. § 853.27(1) — 1 case
In Re Est. of Haese, 259 N.W.2d 54 (Wis. 1977). “We conclude the phrase “any relative” as it appears in sec. 853.27, Stats., is restricted to those of consanguinity and that the will expresses no other intention.”
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