NSW Trustee and Guardian Remind Australians To Consider Their Digital Life After Death
Monday 13 April 2015 @ 11.28 a.m. | Legal Research
The NSW Trustee and Guardian have released a free webinar called “Digital Life After Death”, that comes as more people become concerned about how to manage their digital assets and legacy after their death. Lawyer Natalie Darcy told the Sydney Morning Herald that:
“Traditionally we make a will and think about our tangible assets like a house and a bank account, superannuation, but nowadays you have to think about what will happen to my email, my Facebook, my digital photos.
Anything that has your personal details leaves you open to [identity fraud] which can have consequences for your estate if people are able to open accounts or financial products in your name.”
Currently, there are no Australian laws that explicitly deal with this difficult issue. A recent newsletter from the NSW Trustee and Guardian says:
“It is an area that relies on the terms and conditions of the company involved – there is no uniformity, little legislation and it is not an area that has been widely tested in court at this stage so it is worth talking to legal experts.”
The Sydney Morning Herald also reported on a new Australian business called “eClosure” that aims to fill this gap in the law. The paper reported:
“The demand for such a service occurred to eClosure's co-founder and managing director Pedram Afshar after he was sent a notification on LinkedIn asking him to congratulate a colleague for four years of company service, several months after the man had died.
"This happens quite frequently and it is very upsetting to be reminded of friends and families' deaths on such a regular basis via social media…”"
Other jurisdictions are trying various ways of dealing with the topic. TimeBase has previously reported on Delaware’s attempt to treat digital assets the same as if they were physical assets. However, at the moment, the treatment of digital assets occurs at the discretion of the relevant service, which is why it is always important to double check the terms and conditions of any service you plan to use.
There are some basic steps you can take to attempt to maintain control of your digital assets, including appointing a “digital heir” and making sure he or she is aware of all the accounts you have and services you use. However, Natalie Darcy told the Sydney Morning Herald that people should also be aware that you shouldn’t simply write all your passwords into your will:
“That's a definite big no-no for privacy reasons and to protect against fraud… When you pass away, a number of people may get a copy of your will and it may not be limited to your beneficiaries. Once a will is admitted to probate it becomes a public document”.
The webinar is available at www.tag.nsw.gov.au/webinar.
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