853.03(2)(c)14.
14. An affidavit of compliance described in this paragraph shall be substantially in the following form:
AFFIDAVIT OF COMPLIANCE
State of ....
County of ....
The undersigned, being first duly sworn under oath, states as follows:
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].
1. The name and residential address of the testator is ....
2. The name and [residential or business] address of remote witness 1 is ....
3. The name and [residential or business] address of remote witness 2 is ....
4. The address within the state of Wisconsin where the testator was physically located at the time the testator signed the will is ....
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 ....
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 ....
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:
....
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.
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.
10. The audiovisual technology used for the signing process was ....
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].
12. The name, state bar number, and [business or residential] address of the supervising attorney is ....
13. [Optional] Other information that the supervising attorney considers to be material is as follows: ....
.... (signature of supervising attorney)
Subscribed and sworn to before me on .... (date) by .... (name of supervising attorney).
.... (signature of notarial officer)
Stamp
.... (Title of office)
[My commission expires: ....]
853.03 Annotation
The requirement of s. 238.06, 1969 stats., that if not signed by the testator, the will must be signed by some person in the testator's presence and by his express direction, is not met by simply taking the testator's hand as an inanimate object and making a mark or signature if the testator fails or is unable to in any manner expressly authorize another to sign for him. Estate of Komarr,
46 Wis. 2d 230,
175 N.W.2d 473 (1970).
853.03 Note
NOTE: The preceding case was decided prior to the adoption of
1997 Wis. Act 188, which made extensive revisions to this section.
853.04
853.04
Self-proved will. 853.04(1)(1)
One-step procedure. A will may be simultaneously executed, attested and made self-proved by the affidavit of the testator and witnesses. The affidavit must be made before an officer authorized to administer oaths under the laws of the state in which execution occurs and must be evidenced by the officer's certificate, under official seal, in substantially the following form:
State of ....
County of ....
I, ...., the testator, sign my name to this instrument this .... day of ...., and being first duly sworn, declare to the undersigned authority all of the following:
1. I execute this instrument as my will.
2. I sign this will willingly, or willingly direct another to sign for me.
3. I execute this will as my free and voluntary act for the purposes expressed therein.
4. I am 18 years of age or older, of sound mind and under no constraint or undue influence.
Testator: ....
We, ...., ...., the witnesses, being first duly sworn, sign our names to this instrument and declare to the undersigned authority all of the following:
1. The testator executes this instrument as his or her will.
2. The testator signs it willingly, or willingly directs another to sign for him or her.
3. Each of us, in the conscious presence of the testator, signs this will as a witness.
4. To the best of our knowledge, the testator is 18 years of age or older, of sound mind and under no constraint or undue influence.
Witness: ....
Witness: ....
Subscribed and sworn to before me by ...., the testator, and by ...., and ...., witnesses, this .... day of ...., .....
(Seal) ....
(Signed): ....
(Official capacity of officer): ....
853.04(2)
(2) Two-step procedure. An attested will may be made self-proved at any time after its execution by the affidavit of the testator and witnesses. The affidavit must be made before an officer authorized to administer oaths under the laws of the state in which the affidavit occurs and must be evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form:
State of ....
County of ....
We, ...., ...., and ...., the testator and the witnesses whose names are signed to the foregoing instrument, being first duly sworn, do declare to the undersigned authority all of the following:
1. The testator executed the instrument as his or her will.
2. The testator signed willingly, or willingly directed another to sign for him or her.
3. The testator executed the will as a free and voluntary act.
4. Each of the witnesses, in the conscious presence of the testator, signed the will as witness.
5. To the best of the knowledge of each witness, the testator was, at the time of execution, 18 years of age or older, of sound mind and under no constraint or undue influence.
Testator: ....
Witness: ....
Witness: ....
Subscribed and sworn to before me by ...., the testator, and by ...., and ...., witnesses, this .... day of ...., .....
(Seal) ....
(Signed): ....
(Official capacity of officer): ....
853.04(3)
(3) Effect of affidavit. The effect of an affidavit in substantially the form under sub.
(1) or
(2) is as provided in s.
856.16.
853.05
853.05
Execution of wills outside the state or by nonresidents within this state. 853.05(1)(1)
A will is validly executed if it is in writing and any of the following applies:
853.05(1)(b)
(b) The will is executed in accordance with the law, at the time of execution or at the time of death, of any of the following:
853.05(1)(b)2.
2. The place where the testator resided, was domiciled or was a national at the time of execution.
853.05(1)(b)3.
3. The place where the testator resided, was domiciled or was a national at the time of death.
853.05(2)
(2) Any will under sub.
(1) (b) has the same effect as if executed in this state in compliance with s.
853.03.
853.05 History
History: 1997 a. 188.
853.07(1)(1)
Any person who, at the time of execution of the will, would be competent to testify as a witness in court to the facts relating to execution may act as a witness to the will. Subsequent incompetency of a witness is not a ground for denial of probate if the execution of the will is otherwise satisfactorily proved.
853.07(2)(a)(a) Subject to pars.
(b) and
(c), a will is not invalidated because it is signed by an interested witness.
853.07(2)(b)
(b) Except as provided in par.
(c), any beneficial provisions of the will for a witness or the spouse of a witness are invalid to the extent that the aggregate value of those provisions exceeds what the witness or spouse would have received had the testator died intestate. Valuation is to be made as of testator's death.
853.07(2)(c)
(c) Paragraph
(b) does not apply if any of the following applies:
853.07(2)(c)1.
1. The will is also signed by 2 disinterested witnesses.
853.07(2)(c)2.
2. There is sufficient evidence that the testator intended the full transfer to take effect.
853.07(3)
(3) An attesting witness is interested only if the will gives to the witness or spouse some personal and beneficial interest. The following are not interests which are personal and beneficial:
853.07(3)(a)
(a) A provision for employment as personal representative or trustee or in some other capacity after death of the testator and a provision for compensation at a rate or in an amount not greater than that usual for the services to be performed;
853.07(3)(b)
(b) A provision which would have conferred no benefit if the testator had died immediately following execution of the will.
