Death in the Digital World
Rachel Roche LL.M. TEP ??
Multi-Award Winning Law Firm Owner || Entrepreneur || Author & Speaker || Solicitor || Passionate about AI, Business Building and Trying New Things || Always Thinking || Goldman Sachs 10KSB ?? Instagram: @iamrachel_roche
How much of your life is contained within the digital world?
It’s a difficult question to answer – but the chances are, the more you think about it, the more you realise how many of the things you value exist in an entirely digital form, maybe even with no physical evidence of their existence. Things like:
- Social media profiles.
- Pictures and videos stored in the cloud or on our phones and computers.
- Music and game libraries purchased entirely through digital means.
Many of us like to feel in complete ownership of our digital assets, but unfortunately the true position is often much less clear. And they are often forgotten about when it comes to making inheritance plans and passing your assets on to loved ones.
Traditionally, the focus has always been on tangible items, such as money, property, possessions, but – in the same way as intellectual property or even loyalty card and reward points – digital assets could represent considerable value. And when you think about it, would you not want a friend or family member to benefit from your collections, when you pass away?
What happens to digital assets on death?
This is a huge and wide-ranging question and, unfortunately, it is one to which the law has no clear answer. In general, the individual contracts, licence agreements, terms and conditions, and usage policies of the service at hand will decide what happens to someone’s digital assets when they die.
Often, difficulty can arise from the fact that many online services involving licensing content rather than owning it outright. For example, the terms and conditions for Apple ID accounts state: read more.
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5 年Wow to think this didn’t even exist 10 years ago and here we are debating and thinking about a whole area of our lives and we don’t know how it will develop and look in the future.
Private client solicitor at MG Legal Solicitors, Lancashire
5 年I agree, it's huge and growing area and isn't addressed by our domestic law of probate because it doesn't really fit in , in any way at all. Some tangible assets are only dealt with through the computer and I always flag this up with clients and the need to keep an up-to-date record of assets for the executors or attorneys, eg share portfolio only dealt with through an online platform and therefore there is literally nothing in writing.?
Retired Legal Trainer; Author & publisher
5 年Digital assets will have a profound impact on estates.
Supporting Leaders & Teams Develop Healthy Tech Habits & Reduce Stress & Burnout | Digital Wellbeing Consultant |Trainee Emotional Wellbeing Practitioner | Tedx Speaker | Award Winning Midlife Blogger & Community Creator
5 年Digital assets cover much more than people ever think. I actually created a digital download product when I was client side in legal marketing back in 2017?https://www.dhirubhai.net/pulse/21st-century-probate-digital-assets-keepsafe-sharon-williams/
Business Development Manager Vasek - Unoccupied Direct Property Insurance - Solicitors/Executors/POA and COP transferring risk so you can deal with the important issues/tasks. All views/opinions are mine
5 年I had never really given a lot of thought, to this and it's quite shocking that Apple in particular have the right to delete once they have certificate of death. I do have all my photo's backed up elsewhere but my music is a different matter, I take it the hundreds of pounds spent will be lost, maybe it is better to purchase CD' and vinyl after all at least you can leave it to someone.