Tag: digital asset planning
Yesterday, I blogged about estate planning for cryptocurrency, a type of digital asset. Today, I provide a snapshot of what happens to some of your other digital assets when you die.
Facebook: When a Facebook user dies, their profile can either be memorialized or permanently deleted. The Facebook user can opt for one or the other while they’re still living. If a user does not choose to have their profile permanently deleted, Facebook will automatically memorialize the profile whenever they become aware of the user’s death. When a user proactively chooses to memorialize their profile, they can appoint a “legacy contact” to manage their memorialized profile. The legacy contact will have the authority to manage the memorialized profile but will not be permitted to log in to the deceased’s account, read the deceased’s messages, and add or remove friends.
Instagram: When an Instagram user dies, their account can either be memorialized or deleted. Anyone can request for a deceased person’s account to be memorialized, but only an immediate family member can request for an account to be deleted. Instagram will not memorialize an account without sufficient proof of death, such as a link to an obituary or news article. To delete an account, the requester is required to verify that they are an immediate family member by providing documentation such as the deceased person’s birth certificate, death certificate, or a Certificate of Appointment of Estate Trustee for the deceased’s estate.
Twitter: When a Twitter user dies, a person authorized to act on behalf of the deceased’s estate or a verified immediate family member of the deceased can request to have the deceased person’s account deactivated. In order to complete this request, Twitter requires a copy of the requester’s ID and a copy of the deceased’s death certificate. Twitter also does not permit anyone to access the deceased person’s account.
LinkedIn: When a LinkedIn user dies, anyone can request to have that person’s LinkedIn profile removed. A person can request that an account be removed by filling out a form with information on the deceased and submitting the form to LinkedIn for their review.
Google: When a Google user dies, their immediate family members and/or the executor of their estate can request to close the deceased’s account. Google will not permit anyone to log into the deceased person’s account; however, individuals can ask Google to provide content from the account. With respect to these requests, a court order issued in the United States is apparently required before Google releases any information. To circumvent this, Google users can use their Inactive Account Manager to automatically share their data with “trusted contacts” after a period of inactivity.
As illustrated by the above, different online platforms restrict a family member’s and/or executor’s access to a deceased person’s online accounts to varying degrees. Notably, most platforms will not allow anyone to log in to a deceased person’s account. As such, if a person would like trusted relatives or friends to be able to access their online accounts following their death, they may want to take steps to ensure that their login credentials will be available to those trusted persons.
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Digital assets and passwords for on-line accounts are an important consideration in estate planning. A recent CBC article, found here referencing a situation experienced by a woman named Peggy, highlights the difficulties that may arise in failing to include such assets and information in an estate plan.
Peggy was the sole estate trustee and beneficiary of her husband’s estate. Although Peggy knew her husband’s log-in code to his iPad, she did not know the Apple ID password, which is required to download apps from the App Store. As such, Peggy was unable to re-download her card game app once it stopped working.
Although Peggy could have created a new Apple ID (username and password), it meant that she would have had to re-purchase everything under her husband’s account. As such, to avoid this, Peggy contacted Apple in order to obtain the Apple ID password. Although Apple had initially requested that Peggy provide the Will and death certificate, they later required a Court order before releasing such information.
The good news is that Apple is currently assisting Peggy and is no longer requiring her to obtain a Court order. However, the process has taken many months, and understandably caused Peggy considerable frustration as she considered this to be a simple problem. She just wanted to play her digital card game.
As no such digital asset law exists yet in Ontario, corporations such as Apple, Facebook, and Gmail, are left to their own devices when addressing digital asset ownership and succession.
At this point in time, I have no hesitation in saying that almost all of us have Apple (or Android) products, and rely on Facebook and Gmail accounts. The importance of addressing such assets in an estate plan is therefore clear. Although there are a myriad of products which can assist in managing associated passwords, this is just one step in preparing a thorough estate plan. An experienced lawyer can assist to ensure that all types of digital assets are addressed, that a testator’s instructions are clear and definitive, and proper wording is included in a Will.