Wis. Stat. » CHAPTER 854 — TRANSFERS AT DEATH — GENERAL RULES
Wisconsin Statutes

Wis. Stat. § 854.06 (2026)

Predeceased transferee

✓ current as of July 2026
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854.06854.06 Predeceased transferee.
854.06(1)(1) Definitions. In this section:
854.06(1)(a)(a) “Provision in a governing instrument” includes all of the following:
854.06(1)(a)1.1. A gift to an individual whether or not the individual is alive at the time of the execution of the instrument.
854.06(1)(a)2.2. A share in a class gift only if a member of the class dies after the execution of the instrument.
854.06(1)(a)3.3. An appointment by the decedent under any power of appointment, unless the issue who would take under this section could not have been appointees under the terms of the power.
854.06(1)(c)(c) “Stepchild” means a child of the decedent’s surviving, deceased or former spouse, and not of the decedent.
854.06(2)(2) Scope of coverage. This section applies to revocable provisions in a governing instrument executed by the decedent that provide for an outright transfer upon the death of the decedent to any of the following persons:
854.06(2)(a)(a) A grandparent of the decedent, or issue of a grandparent, subject to s. 854.21.
854.06(2)(b)(b) A stepchild of the decedent, subject to s. 854.15.
854.06(3)(3) Substitute gift to issue of covered transferee. Subject to sub. (4), if a transferee under a provision described in sub. (2) does not survive the decedent but has issue who do survive, the issue of the transferee take the transfer per stirpes, as provided in s. 854.04 (1).
854.06(4)(4) Contrary intent.
854.06(4)(a)(a) Subsection (3) does not apply if any of the following applies:
854.06(4)(a)1.1. The governing instrument provides that a transfer to a predeceased beneficiary lapses.
854.06(4)(a)2.2. The governing instrument designates one or more persons, classes, or groups of people as contingent transferees, in which case those transferees take in preference to those under sub. (3). But if none of the contingent transferees survives, sub. (3) applies to the first group in the sequence of contingent transferees that has one or more transferees specified in sub. (2) who left surviving issue.
854.06(4)(bm)(bm) If the person who executed the governing instrument had an intent contrary to any provision in this section, then that provision is not applicable to the transfer. Extrinsic evidence may be used to construe the intent.
854.06 HistoryHistory: 1997 a. 188; 2005 a. 216.
854.06 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 (4 in the last 5 years), 1999–2024 · leading case: Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023).
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Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023). · cites it 33× “§ 854.06 (2021- 22).1 Angela appeals, and we affirm.”
Ruotolo v. Tietjen, 890 A.2d 166 (Conn. App. Ct. 2006). “Code § 41-3-3 (LexisNexis 2004) (“unless a different disposition thereof be made or required by the will”); Wis. Stat. Ann. § 854.06 (4) (a) (West 2002) (“section does not apply if there is a finding of contrary intent of the decedent”).”
Est. of Smith v. Marchant, 591 N.W.2d 898 (Wis. Ct. App. 1999). · cites it 2× “Though the revisions were not in effect at the time of this case, the result would be the same under the new anti-lapse statute, § 854.06, Stats. Marchant argues that Firehammer's failure to appear at the first hearing supports the trial court's decision not to reconsider its…”
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). · cites it 10× “§ 854.06 (2021-22).1 The court determined that under the joint will, and by operation of the anti-lapse statute, Rian Alvis is entitled to her deceased father’s share of Alma’s estate.”
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2022). · cites it 4× “§ 854.06, Wisconsin’s “Antilapse Statute,” applies to the will.”
Campbell, Angela v. Evers, Tony (W.D. Wis. 2024). · cites it 2× “04 (2)(d) and § 854.06(3). The primary issue that Campbell raises in her complaint is that applying § 704.”
— Wis. Stat. § 854.06(1)(a) — 1 case
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 854.06 (2021-22).1 The court determined that under the joint will, and by operation of the anti-lapse statute, Rian Alvis is entitled to her deceased father’s share of Alma’s estate.”
— Wis. Stat. § 854.06(2) — 2 cases
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023). “§ 854.06 (2021- 22).1 Angela appeals, and we affirm.”
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 854.06 (2021-22).1 The court determined that under the joint will, and by operation of the anti-lapse statute, Rian Alvis is entitled to her deceased father’s share of Alma’s estate.”
— Wis. Stat. § 854.06(2)(a) — 1 case
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 854.06 (2021-22).1 The court determined that under the joint will, and by operation of the anti-lapse statute, Rian Alvis is entitled to her deceased father’s share of Alma’s estate.”
— Wis. Stat. § 854.06(3) — 3 cases
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023). “§ 854.06 (2021- 22).1 Angela appeals, and we affirm.”
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2022). “§ 854.06, Wisconsin’s “Antilapse Statute,” applies to the will.”
Campbell, Angela v. Evers, Tony (W.D. Wis. 2024). “04 (2)(d) and § 854.06(3). The primary issue that Campbell raises in her complaint is that applying § 704.”
— Wis. Stat. § 854.06(4) — 2 cases
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023). “§ 854.06 (2021- 22).1 Angela appeals, and we affirm.”
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 854.06 (2021-22).1 The court determined that under the joint will, and by operation of the anti-lapse statute, Rian Alvis is entitled to her deceased father’s share of Alma’s estate.”
— Wis. Stat. § 854.06(4)(a) — 2 cases
LeRoy F. Alvis, Jr. v. Rian Alvis (Wis. Ct. App. 2024). “§ 854.06 (2021-22).1 The court determined that under the joint will, and by operation of the anti-lapse statute, Rian Alvis is entitled to her deceased father’s share of Alma’s estate.”
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023). “§ 854.06 (2021- 22).1 Angela appeals, and we affirm.”
— Wis. Stat. § 854.06(4)(bm) — 2 cases
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2023). “§ 854.06 (2021- 22).1 Angela appeals, and we affirm.”
Scott Austin v. Ricky Roesler (Wis. Ct. App. 2022). “§ 854.06, Wisconsin’s “Antilapse Statute,” applies to the will.”
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