
The concept of digital assets can seem irrelevant to most; especially those who still enjoy a bank with four walls and who put cryptocurrency in the same box as building your own rocket. However, a recent case was one ‘giant leap’ in understanding the significance of Digital Planning when making a Will and it applies to almost anyone with a mobile telephone or internet connection.
Mrs Thompson was separated from her husband, with whom she shared a child, before his death in 2015. A battle ensued with Apple Inc after Mr Thompson’s death when the corporation refused access to Mr Thompson’s account. Without a Will granting explicit wishes as to whether (or not) to allow access, Apple Inc took the position that Mrs Thompson did not have the authority to access the photos on his phone. After three years of litigation, the court ruled against Apple and allowed Mrs Thompson to have her late husband’s photos and to share the memories stored on his phone with their daughter.
Digital Assets have not yet been given a legal definition, and the law in this area is still slowly developing. As we live our lives more and more online, careful planning is needed in order to preserve memories and avoid disputes (not only between family members, but with large conglomerates).
Legacy Contact
If you have an iPhone or another Apple device, appointing a ‘Legacy Contact’ allows a designated person to access certain information on your device after your death. Some social media providers allow you to nominate a legacy contact, which is another way you can plan for your ‘digital death’.
Whilst we know the importance of careful Estate Planning, items with sentimental value should not be neglected. A record of Mr Thompson’s wishes in his Will may well have saved three years and thousands of pounds worth of litigation after his death.
If you would like advice concerning Estate Planning, please contact me, Isabelle Draper here or for more information about our high quality legal services, visit here.