Laying Your Online Self to Rest: Evaluating the Uniform Fiduciary Access to Digital Assets Act

38 Pages Posted: 25 May 2013  

Samantha Haworth

Independent

Date Written: February 17, 2013

Abstract

Handling digital assets after death presents numerous practical, legal, and moral problems. The Uniform Law Commission, which produces the Uniform Probate Code and numerous other Model and Uniform laws, has released a discussion draft of a Proposed Uniform Fiduciary Access to Digital Assets Act to address the disposition of digital assets at death. This note will examine this Uniform Act and the problems it seeks to solve. Part I explores the different types of digital assets and how courts are dealing with these assets in multiple types of litigation. Part II discusses the legislative solutions currently in place and under construction for handling digital assets at death. Part III analyzes the Proposed Uniform Fiduciary Access to Digital Assets Act and discuss its innovations and shortfalls. Part IV analyzes what types of control fiduciaries should be allowed to exercise over digital assets. This Note concludes with recommendations on how to best improve the Uniform Act.

Keywords: Digital Assets, FADAA, Uniform Law, Testator, Email at Death

Suggested Citation

Haworth, Samantha, Laying Your Online Self to Rest: Evaluating the Uniform Fiduciary Access to Digital Assets Act (February 17, 2013). University of Miami Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2269093

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