LRB-6031/1
SWB&JAM:amn
2023 - 2024 LEGISLATURE
April 11, 2024 - Introduced by Representatives Snyder, Sinicki and Palmeri.
Referred to Committee on Family Law.
AB1209,1,3
1An Act to amend 767.375 (2) of the statutes;
relating to: notification of
2automatic revocation of certain revocable transfers from former spouse upon
3divorce, annulment, or legal separation.
Analysis by the Legislative Reference Bureau
This bill provides that before a court enters a judgment of annulment, divorce,
or legal separation, the court must provide each of the parties to the action with
notice in plain language of statutory provisions under which a divorce, annulment,
or similar event effects, with certain exceptions, an automatic revocation of certain
provisions from a former spouse or domestic partner.
Under current law, a divorce, annulment, or similar event automatically does
all of the following: 1) revokes any revocable disposition of property made by one
spouse to the former spouse or a relative of the former spouse in a governing
instrument; 2) revokes any disposition created by law to the former spouse or a
relative of the former spouse; 3) revokes any revocable provision made by the spouse
in a governing instrument conferring a power of appointment on the former spouse
or a relative of the former spouse; 4) revokes the spouse's revocable nomination of the
former spouse or a relative of the former spouse to serve in any fiduciary or
representative capacity; and 5) severs the interests of a spouse and former spouse in
property held by them as joint tenants with the right of survivorship or as
survivorship marital property and transforms the interests of the spouse and former
spouse into tenancies in common. Certain exceptions to these provisions may apply
if the parties have a marital property agreement, and the automatic revocation
provisions do not apply if the express terms of a governing instrument, court order,
or contract relating to the division of the spouse's and former spouse's property made
between the spouse and the former spouse provide otherwise; if the divorce,
annulment, or similar event is nullified; if the spouse and former spouse have
remarried or entered into a new domestic partnership before the death of the spouse;
or if the transfer is made under a governing instrument and the person who executed
the governing instrument had an intent contrary to any of the automatic revocation
provisions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1209,1
1Section
1. 767.375 (2) of the statutes is amended to read:
AB1209,2,82
767.375
(2) Revocation of revocable transfers at death. Unless sub. (1)
3applies, revocation of revocable transfers at death by a former spouse to the other
4former spouse, or to relatives of the other former spouse, under an instrument
5executed before the judgment of annulment, divorce or legal separation is governed
6by s. 854.15.
Before a court enters a judgment of annulment, divorce, or legal
7separation, the court shall provide each of the parties notice in plain language of the
8provisions of s. 854.15.
