Virtual afterlife
The Law Society's advice to the public on digital legacies made the pages of just about every paper and was discussed, debated and deconstructed by some big-hitting news and consumer broadcasters.
This issue that now affects the vast majority. Digital and social media is not confined to simple communication tools, distractions for malevolent teenagers or ways to legitimise stalking. It has been woven into our culture, our everyday lives and now our afterlives.
The growth in value of online assets has taken many by surprise, as has the use of online cryptocurrencies, such as Bitcoin and the now defunct Coinye (formerly Coinye West, but crippled by trademark infringement proceedings issued by non-affiliated hip-hop artist Kanye West). Please stay with me...
To properly meet our clients' needs, we must be able to advise on these new and emerging media and technologies. This means that we should have at least a basic knowledge and understanding of the variety of digital assets out there and how to realise them.
'Traditional assets', such as letters, photographs and details of investments, were once tangible and readily accessible. But their
21st-century counterparts are now locked away in a digital store room, whether on a laptop, hard drive, website or in the cloud.
Photographs, emails, music, films and even computer-game characters all have value, be it financial or sentimental. As banking and shopping moves increasingly online, investments and accounts are less identifiable from what were once standard estate documents.
What happens to an individual's social media accounts, such as Twitter, LinkedIn, Instagram, Facebook, etc, can also be a concern. Sometimes, it may be that an account will be deactivated if the user dies, potentially losing the content forever, or alternatively stay dormant and inaccessible.
It is not unusual, however, for social media users to wish to leave a series of posthumous final messages or statements for their friends and followers. Whether these are considered macabre or morbid messages from the grave, celebrations of life or a tongue-in-cheek final bow is not for us to judge. As with any testator's will, it is our duty to facilitate our client's instructions and ensure that any necessary permissions or authorisations are put in place.
It is important to bear in mind that not everyone will want their family, or indeed lawyers, looking through their personal emails, private photo collection or social media accounts.
As well as making digital media accessible, we should consider what advice to give clients about protecting their privacy and confidential data when they die. Realising assets is one thing, but opening up a lifetime of emails may not be in anyone's interests.
Undoubtedly, dealing with digital assets and managing an online legacy will bring with it some difficulties, not least for the courts over the next few years. It will be interesting to observe how public sentiment evolves and whether new media will influence not only how we live our lives, but also how we are remembered for posterity.
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