By Nishant Ahlawat
Introduction
In
my last write up
I discussed issues with respect to an individual’s usage of computing devices,
internet, technology, valuable /commercial aspect attached to such usage and
effect of such individuals death on assets so created. I further inferred and suggested
importance of creating an exhaustive ‘E-Will’ defining how and to whom assets
so created by an individual user shall be transferred after life time of such a
user.
Departing
of a loved one is always a very rough time and experience for bereaved family
and relations. In absence of a defined structure and mechanism for transfer of
rights to the belongings, properties and assets of such an individual, scenario
becomes far more painful for such family and relations.
Important
Be
it physical property/assets or virtual property, assets, data etc., it is always
advisable for every person who has
attained majority to make a will or wills detailing and defining structure and mechanism
for handing over of such valuable assets to nominated beneficiary(ies).
Practice
While
in case of conventional properties it is already an established practice, however
for dissemination of virtual properties and assets, it is still a very naïve concept.
Most
important aspect for virtual properties, assets and data is the detailing of all
such existing properties. Reason for it being so important is the absence of
mechanism to identify of lot many of such assets in absence of descriptions.
Ideally you may know about popular email account(s), social network profile,
twitter handles etc but you may not know the assets/ gaming money he/ she may have purchased in virtual world
gaming, number and amount of money saved in e- wallets, source code and other such important files
saved on clouds.
As
stated above and as can be well inferred all such assets are of extremely high
valuation to bereaved family member(s) /relations.
Ingredients of and e-will
Once
an individual has decided to make an e-will, he/she should firstly list down and
detail all of existing accounts, assets, cloud services, software
subscriptions, e-wallets etc. and decide on the following lines as that:
a. Which data that is too personal and individual wishes the
same to be destroyed after death?
b. Which secured data stored on storage devices or clouds to
be handed over to which relations and in what manner?
c. Access to which virtual account be given to whom?
d. If it is not in conflict of policy and terms of services of
service provider can (regularly updated) passwords or reset structure can be
kept safe with an attorney/custodian and in contingency of death be shared with
beneficiary?
e. What virtual money, gaming currency capable of being converted
in to real money be divided in to what proportion and who will benefit from
same?
f. Also in case of huge data base maintained by such individual,
detailing in same or separate/ independent documents about contents of important
files stored in such virtual accounts.
The
said list is not exhaustive but suggestive of points of consideration at time
of drafting of such e-will.
Expert Assistance
Besides,
in executing one or more of such wills to testament the distribution of assets
and virtual properties, advise and services of an expert cyber law practitioner
should be taken into account for streamlining the documents in accordance with
after death policies (if they exists) of various service providers and also as
per the law of lands and territories whose jurisdictions are involved for
execution of the said will.
For
queries, suggestion and feedback contact me on [email protected]
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