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FOS congratulates of-counsel Kenneth Barczak for his participation in the development of 2023 Wisconsin Act 130, and 2023 Wisconsin Act 127, which were both signed into law in March.

Wisconsin Act 130 brings the practice of electronic and remote witnessing and notarization to estate planning documents.

Wisconsin Act 127, with the efforts of a joint State Bar and Wisconsin Bankers Association study committee, clarifies various issues that have arisen since the adoption of the Uniform Trust Code, which was originally passed in Wisconsin in 2013. These issues include updated provisions regarding administration of trusts, including technical amendments to update the process of transferring assets of a trust to a second trust, and powers to appoint property held in trusts to a designated recipient. The Act also addresses the classification of digital property as individual property when dealing with online accounts, and broadens the ability to obtain disclosure of digital property at death or disability, in amendments to the Digital Property Act, which was originally passed in Wisconsin in 2016.

These two Acts were passed after a culmination of years of work by State Bar committees.

The importance of these new laws resides in their bringing a depth of clarity for attorneys practicing in the trusts and estates area of the law, while also recognizing the need to adapt to the digital age with reasoned appropriate recognition of the concept of a remote access alternative for client document preparation and execution. The State Bar will be providing seminars to Wisconsin attorneys in the coming months to educate them on these new laws.

Ken is a member of the State Bar of Wisconsin’s Digital Property and Remote Practice committees which worked on this legislation.


Pictured: Fourth from the left, behind Governor Evers – Ken Barczak



Image: State Bar of Wisconsin