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Murphy Desmond S.C.
Murphy Desmond S.C.

Wisconsin Act 130: Remote Witnessing and Notarization Offers Convenience in Wisconsin Estate Planning

In response to both the COVID-19 pandemic and an effort to modernize the process of signing legal documents, Wisconsin Act 130 was enacted to permit individuals to more conveniently prepare or update their estate plans.

Specifically, Act 130, which took effect on March 23, 2024, offers guidance to lawyers, notaries, signers, and witnesses, to utilize technology and legally execute signatures for wills, powers of attorney, final disposition documents, trust documents, and other estate planning documents.

What is Remote Witnessing and Notarization?

Remote notarization allows a notary public to remotely authenticate signatures on legal documents via secure two-way, real-time audio-visual technology. It eliminates the need for the parties to be physically together. While remote notarization has been allowed for other areas of law, remote notarization of estate planning documents was delayed until 2024, as it requires additional security measures to be in place.

Under Wisconsin Act 130, the practice of remote notarization for estate planning documents is legally recognized, providing the parties follow strict compliance with the law’s requirements. It is a particularly beneficial process for individuals with mobility issues, busy schedules, or those residing in different locations from their chosen notary and/or attorney.

The new process allows estate planning attorneys to serve clients statewide.

Key requirements for Remote Notarization

Wisconsin Act 130 establishes clear standards to ensure the security and integrity of remote notarizations. Requirements include the following:

  • Technology Standards: Remote notarization must be conducted using approved audio-visual technology that allows two-way, real-time interaction in a secure setting, and an ability to view the room of the signer (testator, settlor, principal, etc.) in its entirety.
  • Identity Verification: All signers must provide valid identification, verified through a two-step process.
  • The person signing must identify all people present in the room with them.
  • The person signing must display all pages of the document(s) and indicate where their signature is required.
  • All parties must be at least 18 years of age.
  • The person signing must indicate they are voluntarily signing the documents and are not under duress or undue influence.
  • All parties must be physically present in the State of Wisconsin at the time of the signing.
  • The attorney must be in good standing and licensed to practice law in Wisconsin.

Utilizing law firm staff for added convenience in remote notarization

If possible, it is most convenient if the attorney/notary has a legal assistant or other law firm staff on hand to serve as a witness. This eliminates the need for documents to be physically mailed to multiple parties for signatures.

To return the signed documents to the supervising attorney, a postage paid envelope may be provided to the signer, or carrier pick up may be arranged.

The estate planning attorneys at Murphy Desmond are happy to provide remote witness and notarization services to our clients and can meet remotely to discuss your estate planning and probate needs. We strive to ensure your estate planning needs comply with all laws in the State of Wisconsin, and that your estate plan meets your goals. Contact us at email@murphydesmond.com or by calling our offices at 608.257.7181.