ABSTRACT

Use and ownership of digital assets is an emerging area of law. Digital assets whether financial, sentimental, social, or intellectual have value. What happens to digital assets on death is a particular flashpoint. The government is encouraging digital engagement and the law now recognises that electronic signatures can be binding, but the ease of creating digital engagement is creating a Digital Afterlife which is hard to untangle. Different types of digital asset lead to legal and practical issues on death. Some Tech Companies now have a policy to deal with death, but issues of data security and privacy are often used to block access post death. Working within the law, suggestions are made about how to safeguard and curate the Digital Afterlife.