Estate Planning & Digital Assets

Estate Planning & Digital Assets

Wills & Estates
Nav Parhar
Nav Parhar

In today's digital age, many of us in Greater Victoria and Nanaimo are deeply connected to online platforms. From Facebook and Twitter to Apple services and online gaming, our digital footprints are vast. But what happens to these accounts when we pass away? At Infinity Law, we recognize the growing challenges of post-death digital asset management in the realms of Wills and Estate law.

The Digital Dilemma
Consider this: A resident of Victoria recently faced hurdles trying to access an app on a shared iPad after her husband's passing. She had the device's login but lacked the Apple ID password. Surprisingly, Apple suggested she needed a court order to retrieve it. Such instances highlight the complexities of digital asset management in the aftermath of a loved one's passing.

Ownership vs. Access
While you might own the content you post online, be it photos on Facebook or files on iCloud, the access is governed by the respective service providers. Essentially, you own the content, but platforms like Facebook or iCloud dictate the access protocols.

The Canadian Context
The rapid growth of digital interactions in the past decade has outpaced Canadian legislation. Current laws in Greater Victoria and Nanaimo don't fully address the nuances of digital asset management, leaving many in a legal grey area.

Infinity Law's RecommendationsWhile we await more comprehensive laws, Infinity Law advises residents of Greater Victoria and Nanaimo to:

  1. Maintain an Updated Digital Record: Regularly update and securely store a list of your digital usernames and passwords.
  2. Incorporate Digital Assets in Your Will: Ensure your Will has provisions that:
    • Grant the Executor authority over digital assets, akin to tangible assets.
    • Direct the Executor to your digital access credentials.

As you continue to engage with the digital world, from uploading memories to the cloud or making online purchases, remember to safeguard your digital legacy. Infinity Law, a leading name in Wills and Estate law in Greater Victoria and Nanaimo, is here to guide you every step of the way. Secure your digital future with us.

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