As we embark on 2014, our lives are increasingly conducted online.
Now, a Thorntons Solicitor is warning people to give some thought to what happens to our virtual world when we die.
The term 'digital assets' can cover everything from photographs and videos taken with a digital camera or mobile phone to Word documents, emails and social media pages.
Now, Murray Etherington, Partner, is warning people to bear these assets in mind when preparing one's Will.
He said, "Although digital assets may have limited financial value, they will undoubtedly have sentimental value that cannot be measured. It would be a tragedy if these items were lost to the next generation because your family members were unable to access them or were in the dark as to their existence."
The control of photographs and videos as well as word documents and other files which have been created by the individual and stored on a computer or memory stick is relatively straightforward. These items can be specifically bequeathed to whoever you choose. However, it is important to consider how that person will access them and whether they are password protected.
One of the most effective ways to handle such matters is to nominate a Digital Executor to access and sort through these assets after death. This individual need not be the same person named in the Will as Executor. This nominated individual would also take control of the individual's social media and email accounts, so far as is possible.
Murray explained, "It really is worth giving these issues some thought. At the moment, the law on this area is undeveloped, and much will depend on the rules and regulations of the online service provider concerned. Some internet providers, such as Yahoo, will simply deny family members access to a deceased person's email account. Others, such as Facebook, give the option to "memorialise" the account or have it shut down. Twitter will close the account or provide a permanent record of public tweets. Your digital Executor should be given the relevant instructions."
For more information, please contact Murray Etherington on telephone 01382 229111 or email metherington@thorntons-law.co.uk
