The Digital Estate

Author: Leigh Sagar
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414061903
Published In: March 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The Digital Estate provides an analysis of the rights and liabilities associated with digital information passing from, to and through computing and other devices owned and controlled by fiduciaries, including trustees, personal representatives, lasting and other attorneys.

Offers guidance on the administration of digital assets
Provides an analysis of the rights and liabilities associated with digital information passing from, to and through computing and other devices owned and controlled by fiduciaries, including trustees, personal representatives, lasting and other attorneys, partners and company directors
Presents solutions to the problems that the individual and his or her personal representatives may face in securing succession to assets and safe transmission of information that may otherwise be deleted, locked or lost
Guides the practitioner through predeath preventative measures relating to wills
Considers the issues that arise when an individual who owns assets or stores information online, dies
Goes through steps to be taken during probate for the administration of digital assets
Covers claims and recovery, including costs and proceedings
Deals with specific roles in administration including personal representatives, trustees and agents and attorneys
Includes guidance on the actions to take or consider in the administration of digital information or assets, including drafting for the digital estate featuring precedents for will drafting and Lasting Powers of Attorney
Examines the principles of English law that define the proprietary nature of information, taking into account the approach to this issue in other jurisdictions, such as the US, Australia and New Zealand
Identifies the property rights that are associated with information and examine their operation, such as intellectual property rights, contractual rights, and other rights, such as bitcoin and the associated blockchain technology
Investigates the principles applicable to the use of digital information that has no proprietary status
Assesses the regulatory consequences of the control or use of digital information, including data protection, financial regulation and computer misuse