Dealing with Digital Assets

1. What are digital assets? 1.1 Introduction; 1.2 Media; 1.3 Written; 1.4 Cloud storage; 1.5 Social; 1.6 Design; 1.7 Financial; 1.8 Non-digital assets; 2. Issues to consider when drafting wills; 2.1 Introduction; 2.2 Training to deal with digital assets; 2.3 Insurance; 2.4 Initial enquiry and terms of engagement; 2.5 Terminology; 2.6 Digital asset inventory; 2.7 Taking instructions; 2.8 Choice of executor; 2.9 Specific drafting issues; 2.10 Precedents; 2.11 Dealing with assets outside the will; 3. Dealing with digital assets post death; 3.1 Introduction; 3.2 The role and duties of personal representatives; 3.3 Deletion or retention - what should personal representatives do?; 3.4 Ascertaining digital assets; 3.5 Digital assets that are not part of the estate; 3.6 Reducing risk for solicitors; 3.7 Date security and access rights; 3.8 Valuing assets; 3.9 Dealing with individual assets; 3.10 Wiping devices prior to transfer, disposal or sale; 3.11 Finalising tax to the date of death; 4. Planning for the future; 4.1 Introduction; 4.2 Powers of attorney; 4.3 Accessing assets; 4.4 Using digital technology to improve life; 5. The digitisation of wills and will signing; 5.1 Introduction; 5.2 Digitisation and electronic signatures; 5.3 Law reform; 5.4 Law reform outside of England and Wales; 5.5 Reform of lasting powers of attorney; 5.6 COVID-19 and law reform in England and Wales; 5.7 Managing the risk of remote witnessing; 5.8 COVID-19 and law reform outside of England and Wales; 5.9 Conclusion; 6. Financial abuse and digital assets; 6.1 Introduction; 6.2 The different types of digital scamming; 6.3 What to do if you suspect a client is being scammed; 6.4 How to signpost clients; 6.5 Options for personal representatives; Appendix A: Digital asset inventory.