You Need To Deal With Your Digital Legacy Right Now

Discussion in 'Wills & Estate Planning' started by Simon Hampel, 14th May, 2019.

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  1. Simon Hampel

    Simon Hampel Founder Staff Member

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    You Need To Deal With Your Digital Legacy Right Now

    It used to be that when someone died, their executor would follow a standard roadmap to settle their estate: clean out the house, go through the file cabinets, and file a tax return at the end of the year. Now this wasn't exactly easy - handling the administration after a loved one's death can be emotionally and logistically brutal - but at least everything you were dealing with was tangible. Nowadays we live our lives at least partly online, and that can mean a big headache for our families when we die: How do you sort through the deceased digital accounts and possessions when you don't even know what they are?

    ... read more

    Interesting article on dealing with your digital and physical assets when you die.

    Even bank accounts are more difficult to track these days with many people going paperless - it's not trivial for someone who doesn't already know everything about you to step in and sort out everything.

    My wife already knows where to find most of the important information - but if we both die suddenly, leaving my sister to take care of our kids - she would have no idea where to start or even who to talk to!
     
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  2. SatayKing

    SatayKing Well-Known Member

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    Good stuff.

    It could almost have been written by members of this forum. A number of aspects have already be raised some 12 or more months ago.
     
  3. wylie

    wylie Moderator Staff Member

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    I have one spreadsheet (which our sons know about) with all of the important things on it. That would get them started.
     
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  4. Perky29

    Perky29 Well-Known Member

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    I was only talking to my wife about the same thing the other day.
    With multiple properties, shares,bullion, crypto (which is damn hard to keep track of), I know I need to get this done at some point.
    Apart from a spreadsheet, I have it nowhere else. Any tips?
     
  5. SatayKing

    SatayKing Well-Known Member

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    Hi @Perky29 I placed this link this morning in another thread. You may be able to get some tips from it.

    Straight out, I've gone totally digital and once set up, which is bloody tedious, it's a breeze for me now.

    Record Keeping (CGT / Estate) - Shares / LICs / ETFs ...
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    There is no easy solution to all of this. One method may be a google spreadsheet which is shared with others - but what if you don't want them to see until after you are gone/
     
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  7. KayTea

    KayTea Well-Known Member

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    There’s software that is being created to do that. Home - Doculife
     
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  8. SatayKing

    SatayKing Well-Known Member

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    The manner in which I dealt with that issue is to type and print (old fashioned I know) a hard copy of access details and password which is kept with my Will. Google Dive and so on.

    I'm last century for sure but sometimes I feel software can only go so far. Password to get access to password to get access to password and then prove you've got the authority to act.

    Was certainly contemplating doing it but then I chose the simplest path I could think of. Signed hard copy with Will and EPoA. And showing the Executor know where they are located. Plus placing a copy on external hard drives just in case of fire and the like.
     
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  9. Perky29

    Perky29 Well-Known Member

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    Nice work SK, I like your style.
     
  10. Perthguy

    Perthguy Well-Known Member

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    I agree @Simon Hampel, it is a genuine issue. For a long time I have wondered who would clean up my digital debris when I pass. It doesn't help that I am a digital hoarder :D

    Something I am faced with personally is that I do not have access to all of my various accounts and don't even have a list of all of them. It's a worry and presents security risks
     
  11. SatayKing

    SatayKing Well-Known Member

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    Ta. My oh so yesterday brain decided it's pretty difficult to hack a piece of paper. Online stuff is another matter.
     
  12. geoffw

    geoffw Moderator Staff Member

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    There are quite a few aspiring politicians who are regretting their digital legacy, long before they have died. Though sometimes it's difficult to tell how much life they actually have.
     
  13. Perp

    Perp Well-Known Member

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    Yes, this is an enormous issue for practitioners in succession law, from several angles. The law hasn't kept up with technology.

    For a start, it isn't presently clear, under Australian law, whether digital assets are covered by 'property' and thus can form part of an estate, though many practitioners advise including a special clause in the will bequeathing their digital assets as "better than nothing", and in case the law evolves such that such a clause is binding.

    There is an obligation on executors to conduct a diligent search for alternative wills and all assets (including cryptocurrency etc) that the deceased owned, yet simultaneously, executors don't have a legal right to access those digital assets. Even if the executor has the password, if you notify many sites that you're accessing it on behalf of a deceased person, or the site knows the person is deceased, they'll suspend access to the account because their terms of service don't allow other users to access. At worst, the executor may be committing a criminal offence!

    So yes, for now, 'work around as you can', but watch out for legislative reform in this area. Many other countries have made laws allowing digital assets to be bequeathed, and/or giving executors right to access, etc.
     
  14. Simon Hampel

    Simon Hampel Founder Staff Member

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    How does that work? You don't have access to your own accounts?
     
  15. Simon Hampel

    Simon Hampel Founder Staff Member

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    There was another article yesterday dealing with this a little - although very specific to one circumstance:

    Make Sure Your Will Includes Digital Assets

    Creating a will is an important thing to do. Knowing that the assets you've accumulated through your life are being distributed according to your wishes after you die can give you peace of mind and it can ensure your family and other loved ones benefit. It can also help avoid squabbles and legal issues. A recent court case in London highlights the importance of including online assets in your will alongside your physical and financial assets.
    A London court has ordered Apple to release 4500 photos and 900 videos from an iCloud account.

    Rachel Thompson, a widowed 44-year old has been trying to get Apple to release the photos and videos from her late husband's online account. But the tech giant said they would only release the photos under a court order as he made no provision for access to the images following his death.

    This is because, under UK law, there's no legal right to access information held in a deceased person's online accounts.

    ... read more

    I wonder how this would play out under current Australian law?
     
  16. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    at $9 per month you would hope you don't have 20 years left.
     
    willair and Never giveup like this.
  17. KayTea

    KayTea Well-Known Member

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    But in 20 years, your cryptocurrency would be worth a-kazillion dollars, so $9/month isn't too bad, right?

    Honestly, for someone with a lot of digital assets etc, it's probably worth it.
     
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  18. Perthguy

    Perthguy Well-Known Member

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    If I remember that I have the account then I can do an account recovery if it is associated with a current email account that I have access to. I have site accounts linked to email accouts that I forgot about long ago.

    My point is that I can't even clean up my digital debris while I am alive. It will get harder when I pass.
     
  19. Lacrim

    Lacrim Well-Known Member

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    I have a spreadsheet listing all my passwords etc...backed up in several hard drives.
     
  20. Simon Hampel

    Simon Hampel Founder Staff Member

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    Ahh - I thought we were talking about bank accounts etc.

    If you haven't accessed accounts in so long that the email address you used to create them is no longer valid - then there is an argument that you aren't really interested in those accounts and it shouldn't matter to your estate anyway?