News & insights Digital Assets – what happens to them when you die? 2 minutes of reading - Written by Roche Legal In a time when we are increasingly entrusting our lives to computers and the internet, the matter of what will happen to your digital assets when you die is something we all need to consider. Firstly, what are digital assets and why do you need to think about these now? Digital assets include any information held about you or created by you online or held on any device in a digital format. It can therefore include a broad spectrum of things. You need to consider any digital finances you may have such as Bit Coin, PayPal etc. Do you already have something in place to specifically deal with these? If not, do you need to ensure that the proceeds of such accounts go to the correct person? But it is not only financial matters that you should be thinking about – you also need to consider things such as your Facebook, Instagram, Twitter and other social media accounts. You need to bear in mind your emails, Drop Box, One Drive, Google Drive and other online storage programs. When you die, who will have access to these accounts? Who will deal with them on your behalf? Would you want them to be permanently closed and deleted or would you want the contents to pass to someone? Facebook has recently introduced a feature allowing users in the USA and Canada to nominate a person who can have limited access to and control over accounts after the account holder dies. It seems likely that if successful in North America, this scheme will be rolled out across Europe – although this has not yet been confirmed. Similar features are likely also be picked up by other companies. This is by definition an area of law that is constantly changing and evolving as technology develops, so watch this space… How Roche Legal can help We are reassuring experts who can help you with a wide range of legal matters. Please get in touch if you need legal support with: Trusts and Estate Planning Wills Probate and Estate Administration Contested Probate and Will Disputes Powers of Attorney Court of Protection matters Presumption of Death Applications Missing Persons Guardianship Applications Further Reading Court of Protection Revokes Lasting Power of Attorney In the recent case of Re AMH [2015] EWCOP 70, the Court of Protection revoked a daughter’s Lasting Power of Attorney for her mother due to concerns over her suitability. However, the same Court appointed her as a Deputy for her mother, allowing closer supervision of her actions. Don’t leave life-changing decisions to strangers A new report by SFE reveals that 86% of people in Yorkshire and the Humber have no control over crucial later-life decisions due to a lack of lasting power of attorney (LPA). While 39% have a will in place, only 7% have an LPA, leaving their wishes vulnerable in the event of illness or accident. Owning property jointly – what it means In England and Wales, property can be owned jointly as Joint Tenants or Tenants in Common. Joint Tenants have an indivisible share with a right of survivorship, while Tenants in Common have distinct shares and can leave their share to someone in their Will. View all insights Ready for clear, reliable legal advice? Contact us for straightforward advice that makes things easier, saves you money, and gives you peace of mind. Contact us