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11. The supervising attorney completes an affidavit of compliance that contains
19the following information:
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a. The name and residential address of the testator.
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b. The name and residential or business address of each remote witness.
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c. The address within this state where the testator was physically located at
23the time the testator signed the will.
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d. The address within this state where each remote witness was physically
25located at the time the remote witness witnessed the testator's execution of the will.
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1e. A statement that the testator and remote witnesses were all known to each
2other and the supervising attorney or a description of the form of photo identification
3used to confirm the identity of the testator and each remote witness.
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f. Confirmation that the testator declared that the testator is 18 years of age
5or older, that the document is the testator's will, and that the document was being
6executed as the testator's free and voluntary act.
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g. Confirmation that each of the remote witnesses and the supervising attorney
8were able to see the testator, the testator with the assistance of another person 18
9years of age or older with the testator's consent, or another person 18 years of age
10or older signing in the testator's name at the testator's direction and in the testator's
11physical presence, sign, and that the testator appeared to be 18 years of age or older
12and acting freely and voluntarily.
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h. A description of the audiovisual technology used for the signing process.
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i. If the will was not signed in counterpart, a description of the method used to
15forward the will to each remote witness for signing and to the supervising attorney
16after signing.
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j. If the will was signed in counterpart, a description of the method used to
18forward each counterpart to the supervising attorney and, if applicable, how and
19when the supervising attorney physically compiled the signed paper counterparts
20into a single document containing the will, the signature of the testator, and the
21signatures of the remote witnesses.
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k. The name, state bar number, and business or residential address of the
23supervising attorney.
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L. Any other information that the supervising attorney considers to be material
25with respect to the testator's capacity to sign a valid will, the testator's and witnesses'
1compliance with this section, or any other information that the supervising attorney
2deems relevant to the execution of the will.
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12. The affidavit of compliance is attached to the will.
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13. An affidavit of compliance executed in compliance with this section shall
5constitute a self-proving affidavit executed in compliance with s. 853.04 (2).
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14. An affidavit of compliance described in this paragraph shall be
7substantially in the following form:
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AFFIDAVIT OF COMPLIANCE
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State of ....
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County of ....
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The undersigned, being first duly sworn under oath, states as follows:
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This Affidavit of Compliance is executed pursuant to Wis. Stat. § 853.03 (2) (c)
13to document the execution of the will of [name of testator] via remote appearance by
142-way, real-time audiovisual communication technology on [date].
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1. The name and residential address of the testator is ....
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2. The name and [residential or business] address of remote witness 1 is ....
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3. The name and [residential or business] address of remote witness 2 is ....
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4. The address within the state of Wisconsin where the testator was physically
19located at the time the testator signed the will is ....
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5. The address within the state of Wisconsin where remote witness 1 was
21physically located at the time the remote witness witnessed the testator's execution
22of the will is ....
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6. The address within the state of Wisconsin where remote witness 2 was
24physically located at the time the remote witness witnessed the testator's execution
25of the will is ....
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17. The testator and remote witnesses were all known to each other and to the
2supervising attorney. - OR - The testator and remote witnesses were not all known
3to each other and to the supervising attorney. Each produced the following form of
4photo identification to confirm his or her identity:
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8. The testator declared that the testator is 18 years of age or older, that the
7document is the testator's will, and that the document was being executed as the
8testator's free and voluntary act.
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9. Each of the remote witnesses and the supervising attorney were able to see
10the testator, the testator with the assistance of another person 18 years of age or older
11with the testator's consent, or another person 18 years of age or older signing in the
12testator's name at the testator's direction and in the testator's physical presence,
13sign. The testator appeared to be 18 years of age or older and acting freely and
14voluntarily.
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10. The audiovisual technology used for the signing process was ....
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11. The will was not signed in counterpart. The following methods were used
17to forward the will to each remote witness for signing and to the supervising attorney
18after signing. - OR - The will was signed in counterpart. The following methods were
19used to forward each counterpart to the supervising attorney. [If applicable] - The
20supervising attorney physically compiled the signed paper counterparts into a single
21document containing the will, the signature of the testator, and the signatures of the
22remote witnesses on [date] by [e.g., attaching page 7 from each counterpart signed
23by a remote witness to the back of the will signed by the testator].
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12. The name, state bar number, and [business or residential] address of the
25supervising attorney is ....
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113. [Optional] Other information that the supervising attorney considers to be
2material is as follows: ....
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.... (signature of supervising attorney)
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Subscribed and sworn to before me on .... (date) by .... (name of supervising
5attorney).
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.... (signature of notarial officer)
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.... (Title of office)
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[My commission expires: ....]
