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DIGITAL WILL
SUBMITTED BY-
Shwetha SK (BBA-LLB)
ENROLLEMENT No:
A40111117002 Batch (2020-2025)
Without the continual advice and assistance of my mentor, Mrs. Sagee Sethu, I
would not have been able to complete my research work. I owe a debt of
appreciation to my mentor/guide/teacher, Mrs. Sagee Sethu, who helped me all
the way through my research project, assisting me in gathering a wealth of
material and producing an acceptable product. I'd want to use this opportunity
to express my gratitude to Amity University Dubai for giving me the
opportunity to work on this research paper and improve my research abilities.
CONTENTS
I.ABSTRACT....................................................................................................
II.INTRODUCTION........................................................................................
III.METHODOLOGY.....................................................................................
IV.OVERVIEW...............................................................................................
V.CONCLUSION............................................................................................
VI.REFERENCES...........................................................................................
ABSTRACT
As we all know we live in the electronic era. The usage of paper in society has clearly
given way to an excessive dependence on electronic transactions. The property related
sector, particularly those who deal with living wills, are aware of this development. In
view of the requirement to maintain the graphical depiction of the testator's desires, this
paper aims to analyze whether it is appropriate to digitize wills. it aims to trace the
evolution of the requirement to write throughout history, from the ancients to the present.
The rules that support the writing requirement are then discussed, along with the
broadening of what may be considered writing and the challenges that must be overcome
before electronic wills may be practical. It would include discussions of whether the
timing is right for digital wills after looking at the history and regulations around the
writing requirement as well as the difficulties encountered by them. It would reflect the
requirement for a digital executor, who manages all assets, or, in other words, a legal
controller of the assets, how to get the apt digital executor, how important their role
is for digitalizing the will. It further aims to focus on the various property rights,
how can it be availed through this type of technology. It would concentrate on the
policies and reasons to protect your digital assets and resources, ideal approaches
and plans to computerize these resources and assets.
A computerized will gives you a comprehensive report making it the most sensible
way to organize your domain. Computerized resources are real and occasionally quite
profitable. Making an Advanced Media Will can help ensure that they are
remembered. It's not an official document, like a written will, but rather a list of all
your electronic assets and where they are stored instead. With the aid of this
information, your domain can deactivate the accounts and retrieve any quantity and
quality of data.
We should create an advanced will, or a digital will, even if the size of the internet
presence is just comparable to one email account. The computerized resources may
not intrigue us, yet they may include important information, such as proof of a present
relationship or a record of a purchase.
One might be able to formalize their advanced bequest plan in a legally binding
document like their will or an addendum to their will.
The simplest way to achieve this is to designate a computerized agent in the will or
indicate who your conventional Agent should work with to settle the advanced
bequest. We should then decide the location of the advanced resource stock. Making
the will a legal document that can be accessed by anyone is the greatest solution to
this issue. The will becomes an open archive after we pass away, meaning that
anybody can access it, including any sensitive information it might include. A good
solution to this is to make a reference in our will to an external report that provides all
the necessary information to resolve our advanced bequest. By doing so, we avoid
having to formally amend the will and avoid placing the digital resources at risk while
continuing to add to, modify, and refresh the archive.
METHODOLOGY
Research Design: The data collecting approach for this study was participant and non-
participant observation of the clients of my internship provider. The study has been enhanced
by references to case studies, journals, and other papers.
Research Instrument Tools Used: The major tool for data collection was participant and non-
participant observation, which is the most qualitative instrument available. For this study,
other secondary sources such as case studies and publications were reviewed. To support this
study, a literature review relating to the issue was done, as well as the assistance of other
books.
Data Collection Process: The study identifies and evaluates many studies on the concept of
what may be considered technically as digital assets online, such as money, social media
accounts, or simply a single online post that serves as an indication of presence, including
the policies and reasons to protect your digital assets and resources, ideal approaches
and plans to computerize these resources and assets.
Results: After analyzing the data, I came up with the conclusions that are discussed further in
the paper.
OVERVIEW
Digital Assets are any kind of material or maybe media that has been created as a dual source
and includes the right to use it. Online records, social networking sites, money management
tools, messaging, and music are examples of advanced resources. People frequently believe
that organizations and businesses worry the most about securing cutting-edge resources, but
that is not true. Every time we use the internet, we all leave an electronic trail, thus we should
all be prepared. There are so many reasons why one should protect their assets
A computerized resource administration design gives you the ability to plan forward and
bring all of your concerns together while looking at the future. All of your sophisticated
resources are under your sole leadership. Usually, the decision is left up to chance, the
government, or philanthropy.
Additionally, digital wills are easily accessible. It is a struggle to maintain track of every
record that is created. When various record data is captured at more convenient locations, like
a scratch pad, a message, or other media, it becomes more problematic. Making a list of the
numerous records and login information facilitates easy access. The rundown can be
mentioned at anytime, anywhere.
It also prevents data loss. All information stored online could be lost forever if your internet
records are not protected and something happens. This information might have overly
enthusiastic budgetary value. ensuring that computerized resources can protect against data
loss.
It is nearly impossible to access a record without authorization because of safety measures.
Friends and family can access all of these documents more easily from one location if there is
a list of recipients. The family need not anticipate your requests for these records. In an
unlikely event that you would need them deleted, archived, or all data extracted and saved in
a file. The decisions would already have been made, so they should just carry them out.
Case Study
Mrs. Palmer was denied access to her daughter's Facebook account after losing her .In order
to protect the safety of her social media handles. Despite the fact that she insisted that her
daughter hadn't kept anything from her mother, she was denied access. to her handles
However, Facebook altered their policy, allowing her to access her account legally. When she
read through her daughter's article, she felt refreshed and joyful. It provided them with some
relief after such a difficult time.
With so much of our data stored online, mass scamming relating to the dead has become
more common in our day and age. Because they are unable to defend themselves or organize
a defense, the dead are both the easiest and most helpless prey.
Up to 9 million people every year are victims of these crimes, according to the Federal Trade
Commission. When the uncertainty happens, few of our personal data becomes clearly public
records, which makes it easier for criminals to acquire cards and commit banking fraud,
makes it easier for hoodlums to use this data.
There is at least one administration that distributes advanced digital currency and social
records to beneficiaries following a person's dying. Digi Pulse allows users to link their social
media accounts, document storage services, and Coin base-provided bitcoin wallets to a
single vault. The benefit of this strategy is that risks are reduced because no additional benefit
exchange is required because exchange occurs on the side of related specialist organizations.
When the inevitable occurs that is when someone dies, the law is given a three-layered
approach to handle how to access the internet records . The most significant aspect is that
these three levels provide guidance for people trying to manage digital resources in their
living space, regardless of whether they reside in a state that has enacted this law.
The first level would be if a commercial company that provides a customer with an online
system to manage their post-death wishes, for instance, Google's "latent record chief," In this
case, what happens to the record depends on how the record owner uses that device. Ideally,
a growing number of vendors will offer their customers the option of having an online gadget
that controls what happens after they pass away.
The second level being that the directions in the record owner's will or other legally binding
document take precedence if the professional cooperative does not provide any kind of online
tool that regulates what transpires to advanced resources after the record owner's passing or if
the record owner does not use the tool. It is quite helpful to consider a will, to trust
statements, and to utilize legal counsel.
When the first two conditions were not met, the administration assertion's terms came into
play on third level. It looked into the fact how your digital resources are administered after
you pass away depends on the online framework you tap when you access your record. The
majority of the time, those agreements restrict access to anyone who's not a record owner.
Besides, Family Security Act mentions the fact that, it is morally required to provide
provisions for close family members in your will. If you don't, they have the right to
challenge the will since you didn't provide a sufficient solution for them. In the case that they
move it, it can be very difficult to remove a close relative from your will. Thus is very
important to choose the right legal heir.
CONCLUSION
To conclude we could say that we have a better understanding of what is technically referred
to as a digital asset online, which may be anything from money to social media accounts to a
single online post signifying one's presence. The real purpose of a digital will is to keep track
of one's digital assets and exert direct control over them, even when that person is not
present.
The requirement for a digital executor, who manages all assets, or, in other words, a legal
controller of the assets. Then comes the fundamental structure that every website adheres to
while providing access to the deceased person's close relatives.
It would seem that with today's technology, the globe is only a click away. We must remain
immortal and track ourselves online.
It is undeniable that life is ephemeral and that death, which arrives without warning and takes
everything, is inevitable. A digital will can help with some of this and provide happiness to
the lives of those who have lost loved ones.
REFERRENCES
- www.everplans.com/articles/digital-cheat-sheet-how-to-create-a-digital-estate-plan.
- www.oppapers.com
- www.studymode.com
- www.recode.net/2015/4/22/-blueprint-for-your-digital-afterlife.
- http://www.yourdigitalafterlife.com/
- https://www.consumer.org.nz/articles/power-of-attorney
- https://www.pickledassets.com
- www.boxtomorrow.com.
- Connelly, Claire. (2012). "Your Digital Will: How to Share Your Data after Death."
- http://www.foxnews.com/tech/2012/08/30/your-digital-will-how-
toshareyourdataafter-death/
- Manage What Happens to Your Online Accounts After You Die. Techlicious.
http://www.techlicious.com/how-to-manage-youronline-accounts-after-you-die/.
WEEKLY REPORT
I did my four weeks of internship at Bin Eid Advocates and legal consultants in Dubai
-Legal queries
To begin with I was asked to frame legal queries of different possible doubts commoners
could bring up. In the first week I framed a legal query on whether VPN was legal or illegal
in the UAE, which was one of the most common question observed in the past few months.
-Summarized facts of a labor case
I attended a client meeting where I had to jot down key points I observed as the facts of their
concern. I was later asked to analyze and research upon it
-Analyzed a cease and desist notice
I had exposure to another case relating to a cease and desist order where I had to research
and give them my findings and help in framing it
-Trademark law
I was given textbooks to refer the UAE laws as we had a trademark case to deal with
-Brief on power of attorney
Digital Wills were introduced to me through a case relating to segregation of assets after
death of a party
-Extradition bill and reciprocal territory ( relationship between India and UAE)
I was asked to research on these aspects as a part of theoretical studies
- I dealt with Wills on assets and properties between DIFC courts and France
- I did research for a case relating to Ship arrest in the UAE . The procedures and finances
involved etc.
- Legal Queries
I did few other Legal queries as well relating to importing of unregistered medical drugs in
the UAE . Whether it is allowed , in what all circumstances are they allowed usually etc.
- Presentation for foreign investor
I was asked to make a presentation relating to Dubai as a hub for investments in properties
and other aspects. It was mainly to reflect How viable or profitable it is to invest in the UAE.