Digital assets upon death or incapacity

HAVE you thought about what will happen to your digital assets after death or if you become incapacitated?

The NSW Law Reform Commission is undertaking an inquiry into Access to digital assets upon death or incapacity. Digital assets are online accounts and the content stored in these accounts, for example emails, Facebook accounts and online bank accounts, but also online gaming accounts and online stockbroker accounts.

The purpose of the inquiry is to determine if NSW needs new laws in this area and, if so, what specifically should be included in these laws. The law on what happens to digital assets after death or incapacity has not been clearly set out in Australia.

There are a number of complicating factors. For example, what if the law is different to an account provider’s policy and how can people’s privacy be protected after death and incapacity?

CPSA has made a submission to this inquiry recommending that people should have the choice about how their digital assets should be handled after death or incapacity, and that that should overrule individual account provider policy.