“There is only one kind of shock worse than the totally unexpected: the unexpected for which one has refused to prepare.”
Mary, Renault, The Charioteer
In May 2013, I wrote about the importance of addressing digital assets in the context of estate planning
. With the passage of almost five years, I thought it would be interesting to revisit this subject. What, if any, progress has been made in identifying the nature and scope of digital assets and the rights arising in respect of those assets on the death of the “user”? To make this review a bit easier, I will adopt the definition of a “custodian” used in the Revised Uniform Fiduciary Access to Digital Assets Act (2015)
(“DAA”) of the United States, who is defined as “a person that carries, maintains, processes, receives, or stores a digital asset of a user”. This definition is intended to cover all online accounts, services and social networking providers.