Digital Assets and Probate: A Practitioner's Guide
- Publisher:
- Wildy Simmonds & Hill
- Publication date:
- 2023-08-14
- Authors:
- James Normington
- ISBN:
- 9780854902958
Description:
Digital Assets and Probate: A Practitioner's Guide is an ideal companion for the busy probate practitioner who needs a better understanding of digital assets when advising clients, drafting wills, or administering estates. Written in an accessible style, it is a useful reference for both new and experienced probate practitioners, dealing with issues such as: - What is a digital asset? - Who deals with digital assets in probate situations? - How does inheritance tax apply to digital assets? - What happens if you ignore the digital aspects of a client's estate? - What steps should be taken to secure digital assets post-death? - What should clients be asked about their digital assets and behaviours, and what should not be asked? The author looks at a range of subjects in the context of probate, from social media and the taxation of crypto-currencies to digital executorship and securing digital devices. The mitigation of risks to solicitors and legal representatives is also considered. This book also provides the practitioner with draft clauses, precedents and a sample digital assets questionnaire for clients. It contains a useful glossary of relevant terms which are commonly encountered in practice
Part 1. Glossary
Part 2. General Considerations
Part 3. Pre-death issues
- Considerations when Advising the Testator
- A Client Questionnaire - What One Might Look Like and How to Use It
- Drafting Matters and Sample Will Clauses
- Strategies for Digital Matters on Death - Considering Risks and Mitigation
- Advising the Personal Representatives and/or Executors and/or Beneficiaries
Part 4. Post-Death Issues
- Securing the Physical Aspects of the Digital Estate
- Dealing with Financial Quasi-digital Assets Post-death
- An Introduction to Crypto-currencies
- Dealing with Social Media
- Mitigating the Risks to the Solicitor and/or Legal Representatives
- The Professional Executor and Legal Representative and valuing the Digital Estate
- Crypto-currencies - Taxing Matters