Thursday 28 June 2018

Dealing with Digital Assets in your will

Almost everyone has some kind of digital or online presence.
Whether its Bitcoin, Instagram, a Facebook profile, digital music, bank accounts, email or websites they should be properly dealt with after your death. Considerable material of some value is also often held on IPhone, laptops, PC's, back up drives and on ICloud.
Each Internet Company has its own policies and rules regarding access to a deceased members account.
Facebook allows for memorialising the page of a deceased member. Once memorialised, the page cannot no longer be signed into but friends can post comments. Facebook allows members to specify a "legacy contact" who will be able to write posts and add friends after your death but will not be able to log in or read messages sent whilst you were alive.
Cancelling a Facebook account takes 30 to 90 days but deleting an account does not prevent shared or copied material continuing to be available.
If you want somebody to be able to log in to your account so they can retrieve old photo's and posts then you will need to provide them with your password. This could be included on a note with your will but should Not be put into your will which becomes a publicly available document after your death. If you are the executor of a will which contains passwords be sure to alter those passwords at the earliest possible opportunity. It would be wise if the will made clear that this was to be done. In the case of digital estates which are large, complex and valuable or sensitive consideration should be given to appointing a tech savvy executor or additional executor just to deal with digital assets.
Gmail accounts are very difficult to access but may be accessed upon production of various evidence specified by them such as proof of death, grant of probate etc. There is no access available to a Yahoo account.
Paypal are pretty good to deal with, requiring will, proof of death etc. and then they will close the account and refund any account balance to the executor.
Digital assets should be carefully considered when making your will. The testator should make it clear what accounts they want accessed and what accounts they don't. Often sensitive and shocking information is stored in email ICloud and diary accounts.
Careful consideration needs to be given to listing and specifying what will happen to all of your digital material after your death.
 

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