Interesting clause in will about digital stuff

waveyjane

I notice that my mother (still alive) has the following clause in her will.

My Executors shall have the power to access, use, distribute and dispose of my digital

devices and digital assets, software, licences and accounts, including financial accounts,

wherever or however stored, as they think fit giving due consideration to any letter of

wishes I may prepare unless no such letter has been left by me to cover specific digital

assets, in which case they will pass under my residual estate.

Does anyone know what the scope of this is exactly? For example, could her executors operate her online bank account as if she was alive and distribute money to beneficiaries or something? I was previously under the impression that doing that sort of thing (particularly without probate) might be a problem, but I'm not sure.

strawb_shortcake

When we drafted our will recently, our solicitor asked if we own and earn income from any digital assets i.e. you tube, tik tok. Blogging vlogging etc. I'd think that the above clause relates to those type of accounts rather than bank accounts. 

Not a solicitor but work in contracts and I'd say that's a blanket clause, anyone with digital assets of value would most likely need something more definitive than the above.

Keep_pedalling

It does not allow you to overrule the bank’s rules on the accounts which still need to be frozen after the owners death.

waveyjane

I see. I'm just not sure why such a clause would be needed. Is there some condition in which you would, say, value somebody's estate and not take into account revenues or assets that were derived "digitally" as opposed to, say, rent or dividends? 

Or it this to do with some other condition (and what does "access" have to do with this - you don't have to explicitly give access to things like files or books and things)? Would be good to get an example if anyone has one.

msb1234

I assume it means things like iCloud, facebook, Twitter accounts etc. 

user1977

It seems to be intended to allow informal statements of whom you want to inherit specific items, though I’m not sure why that would be a particular issue for digital assets.

One thing to be aware of generally is which jurisdiction(s) the assets are based in - e.g. I think Google require executors to get probate in California if they want to officially take over a deceased’s Google account.

waveyjane

Still a bit confusing though. So it's not permission to take money out of a bank account using the deceased's credentials, but is permission to... delete embarrassing pictures of them at a stag do, post on their Facebook feed about them having died, delete their blog? That sort of thing? Each of those implies the executors have their login details too. 

Sarahspangles

I doubt this clause would work with every digital provider but it’s a start.
I’m thinking about the sort of online accounts that might have a bit of money sitting in them, like PayPal, Amazon Giftcards, or a National Lottery account. For example contacted the Co-op about FIL’s loyalty card - just hoping to stop them sending mail to MIL - and they closed it and transferred the balance to OH.
Then there’s scope to memorialise Facebook accounts, and similar social media. Someone hacked my friend’s mum’s account and used it to contact family members. Nothing nasty just the usual phishing stuff but it was upsetting seeing the name pop up on Messenger.

waveyjane

Sarahspangles said:

I doubt this clause would work with every digital provider but it’s a start.
I’m thinking about the sort of online accounts that might have a bit of money sitting in them, like PayPal, Amazon Giftcards, or a National Lottery account.

OK so if there's a tenner in Paypal and a £15 Amazon gift card or FB account to be memorialized, executors just contact the bereavement teams at those companies, provide requested evidence etc. for any transfer of money or account closure. Those organizations don't first ask if the deceased has given prior permission, do they? Well, any more than say, if they had a National Trust membership that might be refunded?

I'll see if I can track down the solicitor who put the clause in and ask them because there must be something more to it, no?

Sarahspangles

waveyjane said:

Sarahspangles said:

I doubt this clause would work with every digital provider but it’s a start.
I’m thinking about the sort of online accounts that might have a bit of money sitting in them, like PayPal, Amazon Giftcards, or a National Lottery account.

OK so if there's a tenner in Paypal and a £15 Amazon gift card or FB account to be memorialized, executors just contact the bereavement teams at those companies, provide requested evidence etc. for any transfer of money or account closure. Those organizations don't first ask if the deceased has given prior permission, do they? Well, any more than say, if they had a National Trust membership that might be refunded?

I'll see if I can track down the solicitor who put the clause in and ask them because there must be something more to it, no?

I understand from my brothers that closing or memorialising my mother’s social media was the single hardest bit of being her executors.  Not least because you’re dealing with organisations based in America.  They have arrangements where you can nominate someone to take over your account if you die - I’ve actually done this for my Google account but only because I came across the section about this when they nearly closed my account for inactivity.  So having something formal you can present the providers with is a start.

Alphatauri

I have a similar clause in my will after reading an article suggesting this and because I realised how much I did digitally e.g photos, documents, music etc.  Given the rapid development in digital services etc. I thought it made a lot of sense and so my solicitor included it.