AB985,41,2
11. The signing is supervised by an attorney in good standing licensed by this
2state. The supervising attorney may serve as one of the remote witnesses.
AB985,41,43
2. The testator attests to being physically located in this state during the
42-way, real-time audiovisual communication.
AB985,41,65
3. Each remote witness attests to being physically located in this state during
6the 2-way, real-time audiovisual communication.
AB985,41,107
4. The testator and each of the remote witnesses identify themselves. If the
8testator and remote witnesses are not personally known to each other and to the
9supervising attorney, the testator and each of the remote witnesses display photo
10identification.
AB985,41,1411
5. The testator identifies anyone else present in the same physical location as
12the testator and, if possible, the testator makes a visual sweep of the testator's
13physical surroundings so that the supervising attorney and each remote witness can
14confirm the presence of any other person.
AB985,41,1715
6. The testator displays the will, confirms the total number of pages and the
16page number of the page on which the testator's signature will be affixed, and
17declares to the remote witnesses and the supervising attorney all of the following:
AB985,41,1818
a. That the testator is 18 years of age or older.
AB985,41,1919
b. That the document is the testator's will.
AB985,41,2020
c. That the document is being executed as a free and voluntary act.
AB985,41,2521
7. The testator, the testator with the assistance of another person 18 years of
22age or older with the testator's consent, or another person 18 years of age or older
23signing in the testator's name at the testator's direction and in the testator's physical
24presence, executes the will in a manner that allows each of the remote witnesses and
25the supervising attorney to see the execution.
AB985,42,6
18. The audiovisual communication technology used allows communication by
2which a person is able to see, hear, and communicate in an interactive way with
3another person in real time using electronic means, except that if the testator, a
4remote witness, or the supervising attorney has an impairment that affects hearing,
5sight, or speech, assistive technology or learned skills may be substituted for audio
6or visual if it allows that person to actively participate in the signing in real time.
AB985,42,77
9. The will indicates that it is being executed pursuant to this section.
AB985,42,88
10. One of the following occurs:
AB985,42,199
a. The testator, or another person at the direction of the testator, personally
10delivers or transmits by U.S. mail or commercial courier service the entire signed
11original will to the supervising attorney within a reasonable time after execution.
12The supervising attorney then personally delivers or transmits by U.S. mail or
13commercial courier service the entire signed original will to the remote witnesses
14within a reasonable time. The first remote witness to receive the original will signs
15the original will as a witness and forwards the entire signed original will by personal
16delivery or U.S. mail or commercial courier service within a reasonable time to the
172nd remote witness, who signs it as a witness and forwards the entire signed original
18will by personal delivery or U.S. mail or commercial courier service within a
19reasonable time to the supervising attorney.
AB985,43,820
b. The testator, or another person at the direction of the testator, personally
21delivers or transmits by U.S. mail or commercial courier service the entire signed
22original will to the supervising attorney within a reasonable time after execution and
23transmits by facsimile or electronic means a legible copy of the entire signed original
24will directly to each remote witness within a reasonable time after execution. Each
25remote witness then signs the transmitted copy of the will as a witness and transmits
1the entire signed copy of the will by personal delivery or U.S. mail or commercial
2courier service to the supervising attorney within a reasonable time after witnessing.
3The signed original and signed copies together shall constitute one original
4document, unless the supervising attorney, within a reasonable time after receiving
5the signed original and signed copies, compiles the signed original and signed copies
6into one document by attaching the signature pages of each remote witness to the
7original signed by or on behalf of the testator, in which case the compiled document
8shall constitute the original.
AB985,43,179
c. The testator and each of the remote witnesses sign identical copies of the
10original. The testator, or another person at the direction of the testator, and each of
11the remote witnesses personally deliver or transmit by U.S. mail or commercial
12courier service the signed originals to the supervising attorney within a reasonable
13time after execution. All of the signed originals together shall constitute one original
14document, unless the supervising attorney, within a reasonable time after receiving
15all signed originals, compiles the originals into one document by attaching the
16signature pages of each remote witness to the original signed by or on behalf of the
17testator, in which case the compiled document shall constitute the original.
AB985,43,1918
11. The supervising attorney completes an affidavit of compliance that contains
19the following information:
AB985,43,2020
a. The name and residential address of the testator.
AB985,43,2121
b. The name and residential or business address of each remote witness.
AB985,43,2322
c. The address within this state where the testator was physically located at
23the time the testator signed the will.
AB985,43,2524
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.
AB985,44,3
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.
AB985,44,64
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.
AB985,44,127
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.
AB985,44,1313
h. A description of the audiovisual technology used for the signing process.
AB985,44,1614
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.
AB985,44,2117
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.
AB985,44,2322
k. The name, state bar number, and business or residential address of the
23supervising attorney.
AB985,45,224
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.
AB985,45,33
12. The affidavit of compliance is attached to the will.
AB985,45,54
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).
AB985,45,76
14. An affidavit of compliance described in this paragraph shall be
7substantially in the following form:
AB985,45,88
AFFIDAVIT OF COMPLIANCE
AB985,45,99
State of ....
AB985,45,1010
County of ....
AB985,45,1111
The undersigned, being first duly sworn under oath, states as follows:
AB985,45,1412
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].
AB985,45,1515
1. The name and residential address of the testator is ....
AB985,45,1616
2. The name and [residential or business] address of remote witness 1 is ....
AB985,45,1717
3. The name and [residential or business] address of remote witness 2 is ....
AB985,45,1918
4. The address within the state of Wisconsin where the testator was physically
19located at the time the testator signed the will is ....
AB985,45,2220
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 ....
AB985,45,2523
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 ....
AB985,46,4
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:
AB985,46,86
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.
AB985,46,149
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.
AB985,46,1515
10. The audiovisual technology used for the signing process was ....
AB985,46,2316
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].
AB985,46,2524
12. The name, state bar number, and [business or residential] address of the
25supervising attorney is ....
AB985,47,2
113. [Optional] Other information that the supervising attorney considers to be
2material is as follows: ....
AB985,47,33
.... (signature of supervising attorney)
AB985,47,54
Subscribed and sworn to before me on .... (date) by .... (name of supervising
5attorney).
AB985,47,66
.... (signature of notarial officer)
AB985,47,88
.... (Title of office)
AB985,47,99
[My commission expires: ....]
