Digital Wills & Access To Online Assets By Fiduciaries

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Who owns our private data when we die? What are the boundaries between a deceased’s right to privacy and the access a fiduciary typically has to a decedent’s physical assets? If a fiduciary is granted access, what happens when tech companies located in the United States refuse to comply? The answers to these questions have far-reaching impacts on Canadians, the vast majority of whom have increasingly comprehensive—and in many cases, monetarily valuable—digital identities.

Digitization of Wills in the United States

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The COVID-19 pandemic has accelerated digitization of estate planning in the United States, leading some states to adopt temporary electronic will statutes and others to permanently adjust their formal requirements for wills. This shift is reflected in the growing adoption of the Uniform Electronic Wills Act across the country since its introduction in 2019. However, there remain important concerns concerning the usage of electronic wills. 

Divorce And Estate Planning In South Carolina

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What happens when a divorce proceeding is interrupted by the death of a spouse? How is the estate divided or undivided? The South Carolina Supreme Court has recently reexamined this issue and settled the law on what precisely a death can abate. This post will first reflect on the status of a spouse whose partner dies during a divorce proceeding before analyzing the status of their property. Finally, it will offer some guidance in planning for and navigating such situations.