SB898: Bill Text

SB898,43,17 c. The testator and each of the remote witnesses sign identical copies of the original. The testator, or another person at the direction of the testator, and each of the remote witnesses personally deliver or transmit by U.S. mail or commercial courier service the signed originals to the supervising attorney within a reasonable time after execution. All of the signed originals together shall constitute one original document, unless the supervising attorney, within a reasonable time after receiving all signed originals, compiles the originals into one document by attaching the signature pages of each remote witness to the original signed by or on behalf of the testator, in which case the compiled document shall constitute the original.

SB898,43,19 11. The supervising attorney completes an affidavit of compliance that contains the following information:

SB898,43,20 a. The name and residential address of the testator.

SB898,43,21 b. The name and residential or business address of each remote witness.

SB898,43,23 c. The address within this state where the testator was physically located at the time the testator signed the will.

SB898,43,25 d. The address within this state where each remote witness was physically located at the time the remote witness witnessed the testator's execution of the will.

SB898,44,3 e. A statement that the testator and remote witnesses were all known to each other and the supervising attorney or a description of the form of photo identification used to confirm the identity of the testator and each remote witness.

SB898,44,6 f. Confirmation that the testator declared that the testator is 18 years of age or older, that the document is the testator's will, and that the document was being executed as the testator's free and voluntary act.

SB898,44,12 g. Confirmation that each of the remote witnesses and the supervising attorney were able to see the testator, the testator with the assistance of another person 18 years of age or older with the testator's consent, or another person 18 years of age or older signing in the testator's name at the testator's direction and in the testator's physical presence, sign, and that the testator appeared to be 18 years of age or older and acting freely and voluntarily.

SB898,44,13 h. A description of the audiovisual technology used for the signing process.

SB898,44,16 i. If the will was not signed in counterpart, a description of the method used to forward the will to each remote witness for signing and to the supervising attorney after signing.

SB898,44,21 j. If the will was signed in counterpart, a description of the method used to forward each counterpart to the supervising attorney and, if applicable, how and when the supervising attorney physically compiled the signed paper counterparts into a single document containing the will, the signature of the testator, and the signatures of the remote witnesses.

SB898,44,23 k. The name, state bar number, and business or residential address of the supervising attorney.

SB898,45,2 L. Any other information that the supervising attorney considers to be material with respect to the testator's capacity to sign a valid will, the testator's and witnesses' compliance with this section, or any other information that the supervising attorney deems relevant to the execution of the will.

SB898,45,3 12. The affidavit of compliance is attached to the will.

SB898,45,5 13. An affidavit of compliance executed in compliance with this section shall constitute a self-proving affidavit executed in compliance with s. 853.04 (2).

SB898,45,7 14. An affidavit of compliance described in this paragraph shall be substantially in the following form:

SB898,45,8 AFFIDAVIT OF COMPLIANCE

SB898,45,9 State of ....

SB898,45,10 County of ....

SB898,45,11 The undersigned, being first duly sworn under oath, states as follows:

SB898,45,14 This Affidavit of Compliance is executed pursuant to Wis. Stat. § 853.03 (2) (c) to document the execution of the will of [name of testator] via remote appearance by 2-way, real-time audiovisual communication technology on [date].

SB898,45,15 1. The name and residential address of the testator is ....

SB898,45,16 2. The name and [residential or business] address of remote witness 1 is ....

SB898,45,17 3. The name and [residential or business] address of remote witness 2 is ....

SB898,45,19 4. The address within the state of Wisconsin where the testator was physically located at the time the testator signed the will is ....

SB898,45,22 5. The address within the state of Wisconsin where remote witness 1 was physically located at the time the remote witness witnessed the testator's execution of the will is ....

SB898,45,25 6. The address within the state of Wisconsin where remote witness 2 was physically located at the time the remote witness witnessed the testator's execution of the will is ....

SB898,46,4 7. The testator and remote witnesses were all known to each other and to the supervising attorney. - OR - The testator and remote witnesses were not all known to each other and to the supervising attorney. Each produced the following form of photo identification to confirm his or her identity:

SB898,46,5 ....

SB898,46,8 8. The testator declared that the testator is 18 years of age or older, that the document is the testator's will, and that the document was being executed as the testator's free and voluntary act.

SB898,46,14 9. Each of the remote witnesses and the supervising attorney were able to see the testator, the testator with the assistance of another person 18 years of age or older with the testator's consent, or another person 18 years of age or older signing in the testator's name at the testator's direction and in the testator's physical presence, sign. The testator appeared to be 18 years of age or older and acting freely and voluntarily.

SB898,46,15 10. The audiovisual technology used for the signing process was ....

SB898,46,23 11. The will was not signed in counterpart. The following methods were used to forward the will to each remote witness for signing and to the supervising attorney after signing. - OR - The will was signed in counterpart. The following methods were used to forward each counterpart to the supervising attorney. [If applicable] - The supervising attorney physically compiled the signed paper counterparts into a single document containing the will, the signature of the testator, and the signatures of the remote witnesses on [date] by [e.g., attaching page 7 from each counterpart signed by a remote witness to the back of the will signed by the testator].

SB898,46,25 12. The name, state bar number, and [business or residential] address of the supervising attorney is ....

SB898,47,2 13. [Optional] Other information that the supervising attorney considers to be material is as follows: ....

SB898,47,3 .... (signature of supervising attorney)

SB898,47,5 Subscribed and sworn to before me on .... (date) by .... (name of supervising attorney).

SB898,47,6 .... (signature of notarial officer)

SB898,47,7 Stamp

SB898,47,8 .... (Title of office)

SB898,47,9 [My commission expires: ....]

SB898,47,10 (End)