Improving Access to Digital Assets After Death or Incapacity – Frequently Asked Questions
See some of the most frequently asked questions about our law reform project on access to digital assets by fiduciaries. Learn more about what digital assets are, the problems that arise from signing user agreements and the obstacles people can face with trying to access when trying to access a loved one's digital assets after their death or incapacity.
Access to Digital Assets, Final Report 121
More than ever, people are storing their important personal information and other digital property online within the servers of large American companies such as Google, Facebook, and Apple. These “digital assets” can be anything from precious family photos and records to sensitive financial and legal information. What Canadians don’t realize is that outdated laws govern who can access those assets after the owner dies or loses capacity. Even with all the necessary documents proving a [...]
Alteration and Revocation of Electronic Wills, Final Report 120
In this report, the Alberta Law Reform Institute (ALRI) makes recommendations for the alteration and revocation of electronic wills. To make these recommendations, ALRI reviewed the changes made to the Uniform Wills Act (“Uniform Act”). The Uniform Law Conference of Canada (“ULCC”) amended the Uniform Act to promote the uniform development of wills law across Canada with respect to electronic wills. ALRI compared the Uniform Act to other jurisdictions in Canada and abroad, researched the [...]
Creation of Electronic Wills, Final Report 119
People are increasingly using digital tools to manage their personal affairs. In some jurisdictions, wills are no longer restricted to paper and individuals are beginning to execute their testamentary documents using electronic tools. In Alberta, the Wills and Succession Act governs the creation of wills but does not address wills created using electronic means. This leads to a lack of clarity for lawyers, estate professionals, and the public. ALRI conducted extensive consultations with the public [...]