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Digital Death: What Happens to Digital Property Upon an Individual's Death

Digital Death: What Happens to Digital Property Upon an Individual's Death

Marita Shelly
Copyright: © 2020 |Pages: 18
ISBN13: 9781799831303|ISBN10: 1799831302|ISBN13 Softcover: 9781799831310|EISBN13: 9781799831327
DOI: 10.4018/978-1-7998-3130-3.ch002
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MLA

Shelly, Marita. "Digital Death: What Happens to Digital Property Upon an Individual's Death." Legal Regulations, Implications, and Issues Surrounding Digital Data, edited by Margaret Jackson and Marita Shelly, IGI Global, 2020, pp. 23-40. https://doi.org/10.4018/978-1-7998-3130-3.ch002

APA

Shelly, M. (2020). Digital Death: What Happens to Digital Property Upon an Individual's Death. In M. Jackson & M. Shelly (Eds.), Legal Regulations, Implications, and Issues Surrounding Digital Data (pp. 23-40). IGI Global. https://doi.org/10.4018/978-1-7998-3130-3.ch002

Chicago

Shelly, Marita. "Digital Death: What Happens to Digital Property Upon an Individual's Death." In Legal Regulations, Implications, and Issues Surrounding Digital Data, edited by Margaret Jackson and Marita Shelly, 23-40. Hershey, PA: IGI Global, 2020. https://doi.org/10.4018/978-1-7998-3130-3.ch002

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Abstract

An increasing use of social media platforms and other mobile applications (apps) has led to the creation, purchase, storage, and use of online information and data including personal or financial information, email communications, photographs, or videos. The purposes of this chapter are to discuss digital property and to determine whether under estate planning and administration law digital property can be inherited like other real and personal property. This chapter will examine relevant legislation in Australia, United States (US), and other jurisdictions including Canada, as well as legal cases that have discussed the issue of accessing or transferring digital property held by service providers such as Facebook. It will also discuss examples of service providers' terms of use and whether these terms allow for digital property to be accessed by a third party. It will conclude with recommendations about how an individual can manage their digital property as part of their will or estate.

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