Pictured: Jayne Smith
With many people having received computers, iPods, cameras and
other electronic goods this Christmas, legally protecting the
sentimental and private information held on them after you die is
not something that immediately springs to mind.
Here, Jayne Smith, a wills, probate and trusts solicitor at
Nottingham-based law firm Rothera Dowson, explains the pitfalls of
not giving enough thought to what will happen to your online
legacy, and the steps you can take to avoid trouble.
If you ever have a think about what happens to your belongings
and assets should the worst happen to you, it's always easiest to
think about the more tactile things. The house, the car and items
like jewellery are usually the most obvious.
However, would you give any thought to what happens to your
digital music collection? To any online bank accounts, digital
photographs, personal or sentimental documents, passwords or
collection of smartphone apps?
Quite simply, not enough people do. Digital assets, worth
thousands of pounds in many cases, are rendered lost or unusable,
as families and partners are unable to access anything without
passwords and login details being left for them - even if they know
the digital asset exists.
It is said that the UK's digital music collections are worth
more than £900 million alone, with a recent survey finding
that 45 per cent of those polled had a collection worth more than
£100, and ten per cent worth more than
£1,000.
Even when people do consider what will happen to their digital
assets, they sometimes include passwords and access information
within the will itself - forgetting that it may become a public
document when it goes to probate or is found by the wrong person.
Meaning that, for all their careful planning, they may as well have
not kept them protected at all.
This has led to some instances of people logging into accounts
they are not entitled to, and effectively stealing those assets
before the persons entitled can access them.
There are companies available to keep this information until
your death for a monthly fee. However, these can also be hacked
into, and they too may need verification information that would
need to be stored somewhere else anyway.
The most reliable solution I can advise would be to keep a list
of your passwords, login details and PIN numbers in a sealed
envelope for your solicitor to keep with your will. The only thing
to bear in mind is to keep the list up to date.
It might seem odd that keeping all of your high-tech assets safe
for your family involves such a low-tech solution - a letter in a
safe. But, conversely, it is the best way to make sure that only
the people you choose can access your digital information, with the
least amount of hassle at such a difficult time for them.
It's important to remember that your digital assets can be worth
just as much or more than some of the more tangible items that
people take the time to list in their wills. With more of our time
and resources tied up in the internet and computers than ever, it's
only right to put the same thought into how we pass on our digital
lifestyle.
For more wills, probate and trust legal advice from Rothera
Dowson, visit www.rotheradowson.co.uk or
call 0800 124 4012.