Your digital legacy Getting your affairs in order Sue Martin May - - PowerPoint PPT Presentation

Your digital legacy

Getting your affairs in order

Sue Martin May 2018

Sue Martin May 2018

Your digital legacy Getting your affairs in order Please Note:

I am not a lawyer This has become a very technical area of law with lots of uncertainty It is best managed by legal advice. Talk to an accredited specialist in Elder Law. Ring the Law Society

Sue Martin May 2018

Your digital legacy Getting your affairs in order

The aim of today’s session is to:

• 1. raise your awareness

Sue Martin May 2018

Your digital legacy Getting your affairs in order

The aim of today’s session is to:

• 2. get you thinking

Your digital legacy Getting your affairs in order

The aim of today’s session is to:

• 3. encourage you to assess just

how well organised you are.

Your digital legacy Getting Your affairs in order

You must have a Will. Do not do it yourself to save money. Use a solicitor.

Your digital legacy Getting your affairs in order

You must have a Will to clearly identify:

• your assets.

Your digital legacy Getting your affairs in order

You must have a Will to clearly identify:

• the names of relevant family, friends and
• thers.

Your digital legacy Getting your affairs in order

You must have a Will to clearly identify:

• reasons for any exclusions.

Your digital legacy Getting your affairs in order

You need to decide on an executor/s.

• appointed in a Will to manage the estate for the

person who makes the Will

• can also be a beneficiary.

Some people nominate a public trustee or trustee company. 11 February 2018, George Cochrane in the Money section of the SMH made some interesting comments

Your digital legacy Getting your affairs in order

The duties of the executor are:

• funeral arrangements
• obtain probate
• call in the estate (assets)
• preserve the estate from waste
• pay debts
• distribute estate as directed by the Will or by law.

Your digital legacy Getting your affairs in order

Revisit your Will every few years. Does your executor know that he/she is the executor?

Your digital legacy Getting your affairs in order

Your Will and Early Onset Dementia If diagnosed with Early Onset Dementia you need:

• Doctor’s Certificate confirming sound mind when making or redoing will.

Because:

• if the Death Certificate states " died of Dementia“ various authorities such

as superfunds and insurance companies may claim “not of sound mind” when the Will was drawn up. Others apart from the spouse or those named in the Will may contest it. It may have to go court.

Your digital legacy Getting your affairs in order

Not having a Will results in:

• the government getting a windfall.
• unnecessary hardship and distress to your family

and friends

• division of assets according to a formula set out in

government legislation.

Your digital legacy Getting your affairs in order

Have you thought about your pets?

• A trust for the care and maintenance of your pet
• A legacy programme with an animal charity
• A legacy to a friend or family member with a non-binding request

they look after your pet

• Euthanasia.

RSPCA has advice about arranging a pet legacy.

Your digital legacy Getting your affairs in order

There are a number of websites with helpful information including:

Legal Aid NSW Cancer Council website The Law Society: Pets and Wills Advanced Care Planning

Your digital legacy Getting your affairs in order

Couples should check whether accounts are in joint names. If they are not in joint names, could this be a problem? Why finances need to be in joint names

Nicole Pedersen-McKinnon Money SMH 14 February 2018

Your digital legacy Getting your affairs in order

Have you checked:

• bank accounts
• credit cards
• electricity/gas/water accounts
• council rates
• car insurance
• telecommunications
• travel insurance via credit card
• car registration.

Your digital legacy Getting your affairs in order

A recent article in a local magazine claimed that joint accounts were also frozen. That is not the case for CBA and Westpac. Check! But credit cards can only be in one name.

Your digital legacy Getting your affairs in order

Have you checked:

• telephone/internet provider
• NRMA
• home insurance
• mortgages or loans
• what else?

Your digital legacy Getting your affairs in order

What about organ donation?

• The option to donate is no longer available on your driver licence

renewal form.

• If you want to donate your organs and tissues for transplant after

death, you need to register your decision with the Australian Organ Donor Register.

• As a donor, you can choose which organs (kidneys, heart, lungs,

liver, and pancreas) and tissues (heart valves, corneas, and bone and skin tissues) to donate.

Power of attorney is a document:

• giving a trusted person the ability to act on your

behalf in financial matters. This is only while you have the ability to make decisions.

Your digital legacy Getting your affairs in order

Your digital legacy Getting your affairs in order

Enduring power of attorney:

• gives a trusted person the legal authority to make

financial and/or legal decisions on your behalf.

Your digital legacy Getting your affairs in order

Enduring Guardian:

• can speak for you if you can't.
• can make personal, health or lifestyle

decisions on your behalf

• can implement your Advance Care Directive.

Your digital legacy Getting your affairs in order

Advance Care Directive/Living Will is a document specifying:

• what actions you wish to be taken for

your health care and treatment

• who is the Person Responsible for

carrying out your wishes.

Your digital legacy Getting your affairs in order

Advance Care Directive lets people know your wishes:

• if you are seriously ill or injured and
• unable to make decisions for yourself.

The NSW Supreme Court has said that valid Advanced Care Directives must be followed.

Your digital legacy Getting your affairs in order

Your Advanced Care Directive should:

• be kept where it is easy to find
• have copies with the Person Responsible, family,

doctor. A card in your purse/wallet could let people know you have an Advanced Care Directive. SMH 6 November 2015 - The day I meet you in the emergency department will probably be one of the worst of your life - a powerful article explaining why it is so important that people know your wishes.

Your digital legacy Getting your affairs in order

Your Advanced Care Directive can be uploaded to the government website My Health Record:

• an online summary of your health

information

• can be accessed at any time by you

and your healthcare providers.

Your digital legacy Getting your affairs in order

Your key documents:

• Birth certificate
• Marriage certificate
• Divorce papers
• Will
• Power of attorney
• Enduring power of

attorney

• bank accounts/credit cards
• Advance Healthcare

Directive

• Enduring guardianship
• house deeds
• home and contents

insurance

Your key documents

• deeds/ insurance policies

for other real estate

• superannuation papers
• investment documents
• Medicare/Centrelink card
• medical insurance details

Your digital legacy Getting your affairs in order

• Passport
• Pensioner Concession Card
• Funeral information e.g.

pre-paid funeral fund

• personal insurance policies
• Loan details

Information for your Death Certificate. Do your family know the names of your parents at their birth? Download the form and fill in relevant details. Time of death will presumably be unknown.

Your digital legacy Getting your affairs in order

Your digital legacy Getting your affairs in order

We are now living through a time different to the original Industrial Revolution. The new Industrial Revolution is driven by technology connecting:

• everyone
• everything
• everywhere
• all the time.

Your digital legacy Getting your affairs in order

The online world has added a complication. You now have digital assets:

• digital devices
• digitally stored content
• online stored content
• online accounts
• Software.

Your digital legacy Getting your affairs in order

Your digital assets At present, there is no law in Australia that directly addresses the access of family or friends to a person's digital assets upon death or incapacity.

• photographs
• videos
• emails
• online banking accounts
• cryptocurrency
• domain names
• blogs
• online gaming accounts.

Your digital legacy Getting your affairs in order

What devices do you have?

• desktop computer
• laptop
• tablet/IPad
• smart watch
• printer
• scanner
• Fitbit
• phone
• camera

Your digital legacy Getting your affairs in order

Digitally stored content What do you have stored on your device/s?

• emails
• documents
• photos
• music
• videos?

Your digital legacy Getting your affairs in order

Decisions for digitally stored content What do you want to happen to your:

• documents
• photos
• music
• videos
• cryptocurrency?

Your digital legacy Getting your affairs in order

Do you want them to be:

• deleted
• transferred to someone else?

Your digital legacy Getting your affairs in order

What do you want to happen to your device/devices?

• recycled
• given to whom (with or without

data)?

Your digital legacy Getting your affairs in order

How do you use the Internet?

• banking
• buying
• selling
• paying bills
• watching movies
• reading online publications
• watching television.

Your digital legacy Getting your affairs in order

How do you use the Internet?

• email
• file storage
• communicating
• file sharing
• reading books
• booking accommodation.

Your digital legacy Getting your affairs in order

How do you use the Internet?

• social media
• making friends
• researching information
• listening to podcasts
• personal website
• playing games?

Your digital legacy Getting your affairs in order

Signing up for accounts. Do you read the agreement?

Your digital legacy Getting your affairs in order

You may have online accounts.

• gas/electricity
• Ebay
• Gumtree
• PayPal
• Skype/Facetime
• Facebook
• Amazon.

Your digital legacy Getting your affairs in order

Passwords are everyone’s bugbear.

• Most accounts require a password.
• Do you know your passwords?
• How do you store your passwords?
• Post it notes on the screen are not a good idea.

Your digital legacy Getting your affairs in order

Password management

• note book
• alphabetic book
• table
• spreadsheet.

Your digital legacy Getting your affairs in order

For security reasons, you should not store your passwords on your computer. Use external storage:

• thumb drive
• external hard drive.

Your digital legacy Getting your affairs in order

Password Manager Software program:

• saves and remembers all your passwords

You just remember one very strong Master Password.

Your digital legacy Getting your affairs in order

Password Manager Software Password Management information:

• The Checkout
• ABC TV
• Episode 5
• 27 February 2018

Your digital legacy Getting your affairs in order

Who knows how to access your digitally stored content and your online accounts?

• partner
• children
• friend
• executor?

Your digital legacy Getting your affairs in order

Does she/he know how to access your digital assets?

• Where is the black book?
• Where is the thumb drive?
• What is the password for Password Manager?
• Where is the password for Password Manager?

For your digital assets you need a digital executor.

Your digital legacy Getting your affairs in order

Paper records are disappearing. Accounts and memberships may be organised by:

• regular automatic direct debits
• email notification that payment is due.

Is someone else aware of this?

Do you remember all your accounts?

• Unroll.me is software that claims to help you manage your

subscriptions.

Your digital legacy Getting your affairs in order

Do you remember all your accounts? But:

• Unroll.me does have issues of privacy in that it scans users' email for

receipts and then packages that information for reports on consumer habits. Why not:

• start unsubscribing to irrelevant newsletters etc?
• Sort by From rather than Date > Unsubscribe

Your digital legacy Getting your affairs in order

Your digital legacy Getting your affairs in order

Your digital legacy Getting your affairs in order

What is to happen to your accounts? A Google (Gmail) ID is needed for access:

• Drive, Photos, Docs, YouTube

Your Microsoft account allows you access to:

• OneDrive
• Skype
• App store
• Cloud backup

Your digital legacy Getting your affairs in order

Your Apple ID is needed for:

• Apple Online Store
• Apple Music
• iPhotos
• FaceTime
• iCloud
• iMessage
• iTunes.

Your digital legacy Getting your affairs in order

The Law Reform Commission is currently exploring whether NSW needs legislation to regulate:

• who can access the digital assets of a person who:
• has died
• is incapacitated
• has not made arrangements regarding their digital

assets.

Your digital legacy Getting your affairs in order

Do you know how many online accounts you have? Do you need them all? There are some online guidelines to closing online accounts. Cancelling online accounts.

Your digital legacy Getting your affairs in order

FaceBook There is a form to request the removal of a medically incapacitated or deceased person's account

Special Request for Medically Incapacitated or Deceased Person's Account

Your digital legacy Getting your affairs in order

Some people have more than one email account. Are they listed somewhere? Does anyone else know them and their passwords? Legally, no one can use your password to access your account. Computer Hope 31 December 2017 Delete deceased persons e-

mail, Facebook, or other account

Your digital legacy Getting your affairs in order

Cancelling email accounts

• Everplans What happens to my email accounts when I die

Your digital legacy Getting your affairs in order

Cancelling a Microsoft/ Hotmail account Windows Live Custodian of Records for a Next of Kin process

• to access content or emails from a deceased or incapacitated

person’s account

• to request the closure of the account
• contact the Windows Live Custodian of Records

msrecord@microsoft.com

Your digital legacy Getting your affairs in order

A Google (Gmail) account Set up Inactive Account Manager

Decide when Google should consider your account to be inactive and what we do with your data afterwards. You can share it with someone you trust or ask Google to delete it.

• Submit a request for Access to a Google account for a

deceased person

Your digital legacy Getting your affairs in order

To sum up

Getting your affairs in order now also involves:

• appointing a digital executor to manage your:
• devices
• digitally stored data
• data stored in the cloud
• online accounts
• relevant passwords and secret questions.

Your digital legacy Getting your affairs in order

Make sure the appropriate person knows the location of the relevant information. Then you can go forth and continue to enjoy life!

Two handy apps

Your digital legacy Getting your affairs in order

I.C.E. In case of emergency Add a message to your lock screen

Getting your affairs in order

• Advanced Care Planning https://www.advancecareplanning.org.au/?utm_source=eDM
• Andersons Solicitors Digital assets in your Will

https://www.andersons.com.au/lawtalk/2015/may/digital-assets-in-your-will/

• Bartier Perry Lawyers Estate planning for digital assets

https://www.bartier.com.au/insights/estate-planning-for-digital-assets-still-only-prudent-planning

• Cancer Council Getting your affairs in order

https://www.cancercouncil.com.au/wp-content/uploads/2015/08/Getting-your-affairs-in-

• rder_NSW.pdf
• Cancer Council Will instruction Sheet

https://www.cancercouncil.com.au/wp- content/uploads/2014/09/14567_CAN4550_Will_instruction_Sheet_Update_LR-v2.pdf

• The Checkout ABC TV Episode 5 27 February 2018

https://iview.abc.net.au/programs/checkout/LE1718H005S00#playing

Getting your affairs in order

• Carers NSW What is enduring power of attorney? https://www.carersnsw.org.au/advice/plan-

ahead/powers-of-attorney

• Choice magazine Healthy ageing

https://www.choice.com.au/health-and-body/healthy-ageing/ageing-and- retirement/articles/advance-care-directives

• Computer Hope Delete deceased person’s email. FaceBook or other account 31 December 2017

https://www.computerhope.com/issues/ch001226.htm

• Everplans What happens to my email accounts when I die

https://www.everplans.com/articles/what-happens-to-my-email-accounts-when-i-die

• Everplans How to close online accounts when someone dies

https://www.everplans.com/articles/how-to-close-online-accounts-and-services-when-someone- dies

Getting your affairs in order

• FaceBook Special Request for Medically Incapacitated or Deceased Person's Account

https://www.facebook.com/help/contact/228813257197480

• Google Inactive Account Manager https://myaccount.google.com/inactive
• Google Access a google account for a deceased person

https://support.google.com/accounts/troubleshooter/6357590?hl=en

• The Law Society https://www.lawsociety.com.au/
• Legal Aid NSW Making a will

https://www.legalaid.nsw.gov.au/get-legal-help/factsheets-and-resources/speaking-for- myself/making-a-will

• My Health Record

https://myhealthrecord.gov.au/internet/mhr/publishing.nsf/content/home

Getting your affairs in order

• RSPCA Pet Legacy https://www.rspca.org.au/get-involved/pet-legacies
• SMH Money - Public Trustees, 11 February 2018 https://www.smh.com.au/money/estate-

planning-overlooks-hefty-fees-charged-by-trustee-companies-20180209-h0vu0f.html

• SNHG Lawyers Prudent Planning in the Digital Age

https://www.shglawyers.com.au/news/legal-news/article/?id=prudent-estate-planning-in-the- digital-age

• State Library NSW Legal Information on Wills

http://legalanswers.sl.nsw.gov.au/rest-assured-legal-guide-wills-estates-and-funerals/if-there-no- will-intestacy

• State Library NSW Probate and duties of executor http://legalanswers.sl.nsw.gov.au/rest-assured-

legal-guide-wills-estates-and-funerals/probate-and-duties-executor