What we think might be a simple case of inheritance might not be so cut-and-dry.
We spend a good portion of our lives online — updating social media statuses, downloading books and music, uploading family photos to cloud storage — and, as such, our digital assets are growing at an incredible rate. So when we die, these assets should be able to be handed down to our chosen heirs, shouldn’t they? Not necessarily.
Post-Mortem Privacy Issues
Contract law dictates that privacy ceases at the point of death — the right to privacy is considered a personal right and only applied to the living, so it is not extended to those who have died. With digital assets being relatively new in terms of post-mortem law, many companies view tech privacy to still be active despite the death of an account holder.
Take Google, for instance — a relative wanting to close an account or withdraw funds left by a deceased user must submit a request, which will carefully be reviewed. The account may be closed if appropriate, and content may be provided. No passwords or login information will be given at any time because Google’s priority is keeping a user’s information ‘secure, safe, and private’ even after death has occurred. Many other social media accounts have a similar process.
Even if the data you leave behind is accessible to your heirs, you should consider the possibility of your data platforms becoming obsolete. Technology is constantly changing and evolving and unless an archive is made, there is a possibility that personal data like family photos and videos could be lost. You may think it is the responsibility of the platform company to safeguard your data — but the onus is on you to make sure it is stored securely and in a way which means it is accessible after your death.
How do I make sure my data is properly inherited?
In the eyes of the law, the digital assets that we own (not the ones we have licensed for personal use) are treated identically to physical ones — they can be bequeathed to your chosen heir.
One option is to name a ‘Digital Executor’ to take care of your digital assets — this is someone who explicitly deals with online accounts and the data stored in them. This role is very new, and it should be noted that many typical will templates do not have this addition yet. Some parts of the world do not recognise the legal authority of a Digital Executor — if they don’t, this could cause problems with the inheritance process of your assets.
Keeping your digital assets secure and ready to be properly distributed after your death takes some planning — and Preta Assured is ready to help. Through continuous monitoring and utilizing new, emerging technology, we are able to assist in protecting your assets. Using both digital and analogue tech, you get to stay in control of how your assets are managed and distributed, ensuring peace of mind for what you leave behind.
Contact us for more information about protecting your digital wealth.