WI
Wisconsin Assembly Bill AB985

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB985

Introduced
1/25/24  
Refer
1/25/24  
Report Pass
2/15/24  
Refer
2/15/24  

Caption

Electronic and remote witnessing and notarization of estate planning documents.

Impact

The introduction of AB985 highlights a pivotal shift in the legal landscape surrounding estate planning in Wisconsin. By allowing remote notarization, the bill addresses challenges faced by individuals who may be unable to appear in person due to health, mobility, or geographic constraints. It seeks to improve access to essential legal processes for all residents, ensuring that they can complete important estate planning arrangements more conveniently. This legislative change may also influence other areas of law and practices related to witness requirements and legal document executions.

Summary

Assembly Bill 985 aims to modernize the notarization and witnessing processes for various estate planning documents by permitting remote witnessing and notarization through two-way, real-time audiovisual communication. This legislative proposal significantly amends current laws, which typically require the personal presence of individuals executing such documents. Under AB985, individuals can now execute documents like powers of attorney and health care declarations remotely, as long as specific conditions are met, including supervision by a licensed attorney.

Contention

While AB985 has been largely recognized for its potential benefits, it has also faced scrutiny from advocates concerned about safeguards against fraud and coercion. Critics argue that remote notarization could diminish the protections embedded in in-person signings, especially regarding the identification of parties involved and ensuring they are acting voluntarily. Proponents respond that the bill includes multiple safeguards requiring supervision by attorneys and confirmation of identities through audiovisual technology, thereby addressing these concerns adequately.

Latest AB985 Activity

Companion Bills

No companion bills found.

Previously Filed As

WI SB898

Electronic and remote witnessing and notarization of estate planning documents.

WI HB172

Regards electronic estate planning, health care documents

WI HB210

Electronic execution of estate planning documents; codifies Uniform Electronic Wills Act.

WI SB468

Estate planning; creating the Uniform Electronic Estate Planning Documents Act; electronic will; affidavit; electronic record and signature. Effective date.

WI SB1779

Relating to the adoption of the Uniform Electronic Estate Planning Documents Act.

WI B26-0031

Uniform Electronic Estate Planning Documents Act of 2025

WI HB5882

Occupations: notaries public; use of communication technology to perform electronic notarizations and remote electronic notarizations; modify and expand. Amends secs. 3, 5, 26, 26a, 26b & 27 of 2003 PA 238 (MCL 55.263 et seq.); adds sec. 26e & repeals sec. 26d of 2003 PA 238 (MCL 55.286d).

WI HB289

Courts; remote online notaries public and remote online notarizations; provide

WI SB1221

Modifies provisions relating to estate planning, including notice for transfers of the principal place of administration of a trust, electronic wills, and estate planning during the COVID-19 state of emergency

WI SB2127

The Uniform Electronic Estate Planning Documents Act; and to provide for application.

Similar Bills

WI SB898

Electronic and remote witnessing and notarization of estate planning documents.

IN SB0125

Technical corrections.

OH SB46

Provide for electronic execution of wills, other documents

OH HB172

Regards electronic estate planning, health care documents

IN HB1208

Various probate and trust matters.

MI HB4654

Probate: wills and estates; electronic signing of estate planning documents; allow. Amends secs. 1104, 1107, 1108, 2502, 2503, 2504, 2506, 2507, 2513, 2519, 2953, 2955, 3206, 5501 & 5506 of 1998 PA 386 (MCL 700.1104 et seq.); adds sec. 2502a & repeals sec. 1202 of 1998 PA 386 (MCL 700.1202).

IN HB1458

Doctor scope of treatment and do not resuscitate.

IN SB0287

Various probate and trust matters.