On death, digital assets, DIY wills, and dead man's switches.

On death, digital assets, DIY wills, and dead man's switches.

On death, digital assets, DIY wills, and dead man's switches.

Published on:

26 Nov 2024

2

min read

#notlegaladvice
#notlegaladvice
#wills
#wills
#death
#notlegaladvice
#notlegaladvice

Straits Times

On death, digital assets, DIY wills, and dead man's switches.

So here's a fun little thing I did back in August with Muhammad Alif and Liyana Syahirah, when we sat down and had a chat about how our digital assets can be dealt with after our inevitable demise: https://lnkd.in/gFWHMc4B.

When we die, dealing with traditional assets (e.g. an apartment, a car, money in a bank account, a Rolex Cosmograph Daytona, the list goes on) is relatively straightforward.¹

But the picture gets more complicated with intangible assets or items. How does one deal with, for example...
a) cryptocurrency (whether in a hot or cold wallet)?
b) stocks held in an online brokerage (like Interactive Brokers / Moomoo)?
c) social media accounts (Facebook / YouTube / LinkedIn)?

That's too much ground to cover in a single post. But for now, apart from what's been shared in the docuseries, I suggest below some practical tips.

--

1️⃣ Get a will done professionally.

Look, I know that this is a bog-standard suggestion. But you'll be surprised how many folks:
a) still haven't gotten this sorted out;²
b) choose to DIY their wills;³ or
c) mix up wills with Lasting Powers of Attorney⁴ / Advance Care Planning⁵.

And for those of us with digital assets, we may want to speak with a (legal) professional who actually has some practical experience dealing with them, instead of someone who merely conducts a form-filling exercise.

2️⃣ Set up a dead man's switch.⁶

A dead man's switch is "a switch that is designed to be activated or deactivated if the human operator becomes incapacitated, such as through death [or] loss of consciousness..."⁷

So a common practical problem we face is this. We want our loved ones to be able to access our digital assets when we pass, and such access may require them to possess details such as usernames and passwords.⁸

But on the other hand, we don't necessarily want to provide them with this information right now, while we're still alive. After all, many of us would have an expectation of privacy, and these details might change over time.

So one solution would be to:
a) draft an email to our loved ones, containing such information;
b) set the email to be sent out at a later date;⁹
c) set calendar reminders indicating the date and time on which the scheduled email will be sent out;
d) closer to the scheduled date, upon seeing the calendar reminders, cancel the scheduled email and set a new email containing updated details to be sent out at a later date; and
e) repeat (c) and (d) regularly.

Not technically complicated, doable from the comfort of your own home, and free of charge. Just don't forget to reset the switch regularly.


--

Many thanks as well to Renee Poh, Ashleigh Sim, Jordan Lee, Shawna Siow, Jamie Koh, and T Kumar of The Straits Times, and Ju Er Wong (formerly of Covenant Chambers LLC) for the hard work and support behind the scenes.

Disclaimer:

The content of this article is intended for informational and educational purposes only and does not constitute legal advice.

Footnotes:
Footnotes:

¹ Your executor or administrator applies to Court for a Grant of Probate or Letters of Administration, and when the sealed order is granted, ownership can be transferred to the beneficiaries - whether physically, or by being reflected in the relevant ownership documentation.

² Lest you think I'm being unnecessarily sanctimonious, such folks include yours truly.

³ I do not recommend this, as this may affect the validity of the will and create more problems for your heirs. Which is ironic, considering that one of the purposes behind doing up a will is to reduce the problems left for your heirs to solve.

⁴ Also known as an LPA. In simple terms:
(a) a will dictates how your assets are to be distributed when you die; whereas
(b) an LPA empowers someone to make various decisions on your behalf, or deal with your assets for your benefit, in the scenario where you are alive but lack mental capacity.

More info: https://www.msf.gov.sg/what-we-do/opg/lasting-power-of-attorney/what-is-a-lasting-power-of-attorney.

⁵ Also known as ACP. This is a process by which a person reflects on and documents healthcare preferences, for future situations where the person may not be able to make decisions about medical procedures on their own.

More info: https://www.channelnewsasia.com/today/adulting/death-life-support-advance-care-plan-end-life-elders-parents-4665196; https://www.channelnewsasia.com/singapore/advance-care-planning-end-life-masagos-zulkifli-3517641.

⁶ I know this sounds a little dramatic, but hear me out.

https://en.wikipedia.org/wiki/Dead_man%27s_switch.

⁸ We may also want to provide them with an itemised list of our various assets and where they are located, to reduce the burden of having to track down assets squirrelled away in obscure (physical or digital) locations.

⁹ For example, Gmail has a "Schedule send" function, under which you can stipulate that the email will only be sent out on a specified future date and time.

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