WHATS A CYBER CEMETERY?
What on earth is a Cyber Cemetery you ask ? It is a phrase coined in the United States to explain where somebody’s virtual estate goes when they die.
By virtual estate I mean internet bank accounts and investments, e-mail accounts and social media accounts such as facebook and twitter.
Many of us use the computer every day and never think about what happens when we die. Even those of us who have made Wills have probably never thought of how our families or even a solicitor would access our computers particularly for internet accounts and investments. These accounts may well be paperless and have passwords known only to us. If nobody knows about these accounts and cannot find details of them then your assets within these accounts will indeed go to the Cyber Cemetery.
What about somebody who runs a small business and keeps all records on their computers. How do your family or executors contact your customers if the worse was to happen to you?
HM Revenue and Customs encourage us all to submit our tax returns on line. How are these accessed for information if we die ?
The problem of what to do and who to give the relevant information to is an increasing problem around the world. In the US a small number of states have now introduced legislation and the Uniform Law Commission is actively campaigning for all States to have similar laws in dealing with “ digital property management after death”. Specialist companies such as Legacy Locker have sprung up on the internet. For the most part however it is problem that the legal profession in the UK is just becoming aware of.
It is now not unheard of for probate solicitors to employ a specialist computer engineer to “hack” into a computer to gain information missing. Not ideal, not only is there an additional cost to the estate but there may well be some folders you would prefer not to be seen!
As for your e-mail, facebook or twitter accounts you should check the death policies for each online. There are major differences in the requirements of each. One large e-mail provider will on production of a Death Certificate allow the notifier to access the account possibly having access to some information you would prefer they did not. Other providers will not allow any access at all.
Social media providers also have differing policies so the advice has to be to check these now.
There has been talk amongst the legal profession of appointing a “Digital Executor” within your Will, much as one would appoint a “Literary Executor” to look after any copyright you may own on your death. In the future this may well be the standard advice but for now the advice is to think, check the policies on death on all accounts and leave somewhere safe information to access these accounts if the worse was to happen.
One such place may be to leave a sealed letter containing all passwords with your Will and only opened on your death.
If you have never thought of your virtual estate before then it may be an ideal time to think of your whole estate and review your Will.