Legal Grey Areas: where it helps to have a lawyer

Guest Post
Most people don’t have a lawyer. Some people skate through life without ever getting involved, one way or another, with legal trouble. But these folks are actually in the minority. In reality, there are dozens of common events that draw normal, honest people into the courtroom. These things are unavoidable, and include car accidents, medical malpractice, and other regrettable events that make Oregon residents need an expert in Oregon law. Of course, not everybody is from Oregon, but I say this to point out that every legal scene is different. Different states have different laws, various ways they try and prosecute different offences. If something goes wrong in your life, you’ll need more than a simple Google search. A committed lawyer will be able to give you personalized advice and counsel, getting you the justice that you deserve, and fast.

But sometimes, it’s hard to know whether you need a lawyer or not. Maybe an offense has taken place, or then again, maybe it’s not worth the trouble. I’m here to tell you that there is no virtue in letting yourself be hurt or exploited without taking advantage of the services of a qualified lawyer. Let’s take the case of medical malpractice, for instance. If you have suffered a long, painful recovery because of a medical mistake, you need to report it and receive the restitution that you deserve. This is because it’s not just you out there. Lots of people are hurt by medical malpractice every year, and unless these cases are reported and paid for, legislation and policy isn’t going to exist for the good of regular people like you. By letting careless doctors get away with mistakes, you are becoming a part of the problem, perpetuating medical carelessness. It’s grey areas like these where you need to talk to a lawyer, to help you understand the big picture and get you the justice that you deserve. Here are a few examples.

1) Nursing Home Neglect. It can be a sad thing to have an elder person in your life have to go to a nursing home. This is a person who has been strong for most of your life, but who has gradually weakened to the point where they can no longer care for themselves properly. In some cases, older people are neglected or even abused in nursing home settings. These situations are in the minority, but they do occur, leaving these older folks hurt and vulnerable. But it’s hard to know, as an outsider, if this is what is occurring. Even if you are a son or daughter of one of these people, you aren’t around the see these events happen, and staff may explain away the telltale signs. You also won’t know what to look for. This is where Oregon Personal Injury Lawyers are just what you need. They’ve got experience in the field. They’ve seen these cases hundreds of times, and they can tell you exactly what you need to know in order to pursue justice.

2) Food Poisoning. All of us, at one time or another, have gotten sick from some food we had at a restaurant. Most of us would want to shrug it off, but the fact is that most food poisoning incidents result from poor sanitation and food handling standards. By failing to report a case like this, you may be perpetuating wrongdoing at these restaurants leaving other people vulnerable. You are also entitled to restitution for pain and suffering, as well as time spent away from work.

As you can see, there are a variety of situations where bad things happen, but you may not know whether or not to pursue legal action. In cases like this an experienced Oregon lawyer may be exactly what you need, to help you navigate the trying legal waters before you.

Death in the digital age: managing digital assets

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We all have scores of online accounts these days.  The value of the information associated with those accounts can be huge – both financially and in other, more nuanced ways.   Take, for instance, online storage services, to which years of photos or video footage (and the memories connected with that) can be uploaded. Or a blog with thousands of blog posts published over a period of years.  Until quite recently, this type of digital content hadn't been considered by those making wills, and even now it's the exception rather than the norm.

I’ve blogged previously about some of the difficulties associated with digital assets when someone dies.  As more and more aspects of our lives occur online, or at least have an online element, remembering to include digital assets when drafting wills becomes ever more important.

The Co-operative Funeralcare have published a report revealing that of the 94 per cent of UK adults who hold online accounts, 75 per cent of those have not considered or made arrangements for the management of their digital presence after they die. 

At best, omitting digital assets from a person’s will may leave a number of untidy loose ends.  That can bring with it additional anguish for those they leave behind - adding to their grief - and it can leave the administrators of their estate uncertain whether they are acting in accordance with the deceased’s wishes.  At worst, precious and irreplaceable memories could be lost forever - a heart-breaking prospect

Amongst other things, the Co-op’s report highlights the adverse impact that omitting digital assets is having on those who have been bereaved.  Some 78 per cent of those who have managed a loved one’s online accounts following their death report having experienced difficulties in winding up the account, and a fifth of those found it so difficult, they abandoned their attempts altogether.  

16 per cent of people surveyed for the report said they would want their next of kin to have access to their social accounts given the sentimental value associated with the data.  Even more interesting, 14 per cent of those surveyed stated they would want their families to stay in touch with the online contacts they had built up throughout their lifetime.

There’s a real financial impact, too.  The report found that the average UK adult accumulates personal digital capital such as music, films or books worth £265.  That means for the 500million online accounts and assets that exist throughout the UK, a staggering £17 billion worth of assets could be left ‘floating’ in cyberspace.  

Sam Kershaw, Director of Operations for The Co-operative Funeralcare, said: “Conversations about end of life  are never easy.  However, as we increasingly live and manage our lives online, communicating with a loved one about the accounts you hold and what you would want to happen to them may greatly help should they ever need to access, manage or close accounts on your behalf.” 

But the answer isn’t as straightforward as leaving log-in details and passwords set out in wills. James Antoniou, Head of Wills for the Co-operative Legal Services, acknowledged: “It is important that people are aware that they should never leave online passwords in their will as it can become a public document after death. Individuals can, however, leave details of the online accounts they hold in a sealed letter alongside their will and addressed to their executors to ensure that their digital lives are not missed, or forgotten about, once they have passed away.”

To help consumers plan for manage digital legacies, The Co-operative Funeralcare has developed a guide offering advice and information about managing and protecting online accounts and assets, as well as identifying the accounts of loved ones who have died.  The accompanying infographic can be viewed here.  

Further information is available at www.co-operativefuneralcare.co.uk

How the changes to the Scottish Trust Deed could be beneficial for you

Guest PostThe Scottish Government recently revealed major changes to the system for Scottish Trust Deeds, focussing on getting more value for money both for the people in debt, and for their creditors.

The current system had issues with trustees charging high fees for administration and hourly rates, often swallowing up a large proportion of the debtor’s contribution before it ever reached the creditors. In a number of cases, in fact more than 30 per cent, the debtor’s contributions were completely wiped out by fees and charges, meaning the creditors never received any payment at all.

Some of the changes are going to bring about some benefits for people entering into a Scottish Trust Deed. Here are the main changes that we see as being good news for our clients.

Benefits of the changes to Scottish Trust Deeds

• More time to pay: Under the new rules, a Trust Deed can be arranged over up to 48 months instead of the previous 36. This means, with a longer time to pay, your payments could be reduced and the total amount you pay may increase. This is a great benefit to those who were worried about how they would afford to make the Trust Deed payments.
  
• No social security benefits can be used: In a number of Trust Deed agreements in the past, debtor’s benefits have been taken into account as part of their income. This has often meant that part of the repayment to the Trust Deed has had to be made from their benefit income. The changes now mean your benefits will be safe, and it is only any money you earn over and above that amount that can be used to repay your Trust Deed agreement.
  
• More value from your Trustee: In the past, trustees have been allowed to charge hourly rates for the work they do in managing your Deed. On top of this they may have charged various administrative fees, fact finding costs and more. This often meant that only a small proportion of the money you pay into the Deed actually reached your creditors. With the changes in November, trustees will be required to work on a fixed fee which is agreed with creditors before the Trust Deed starts.
  
• Lower entry point: The minimum debt level has been reduced from £10,000 to £5,000, meaning a broader range of people can get help through a Protected Trust Deed than would previously have been eligible.
  
• More money for your creditors: People entering into a Trust Deed are in serious problems with debts. This does not mean they do not want to pay back the money they owe. With a longer payment period available, and more of the money they pay going to their creditors, this means people in debt are able to repay more of the money they borrowed before having the final amounts written off.

The changes to the Trust Deed agreements will not affect you if you already have a Trust Deed in place. For people taking out a new Trust Deed, any agreement signed on or after November 30^th 2013 will be subjected to these new policies.

If you are unsure of whether you will be affected by the changes to the Trust Deeds, or if you are worried about unmanageable levels of debt, call one of our professional advisors for a confidential chat about your circumstances.

Using Trusts To Protect Your Estate: An Easy Guide

Guest Post

Unfortunately, many people consider trusts a rich person’s domain. It’s actually easy for anyone to benefit from a tax-saving trust (and avoid probate).

How Trusts Work

An owner of an estate can protect their assets in a trust by handing over the legal title to a trustee. This is to benefit one or more people detailed in the trust (the beneficiaries). There are two types of trusts: revocable/irrevocable.

Revocable Trusts

A revocable trust can be…you guessed it…revoked. The government then considers this fair game for taxation. You may have to pay estate taxes on any assets that are left behind upon your death. During your lifetime, you might have to shell out for income taxes on any revenue you make inside your revocable trust.

Irrevocable Trust
All assets are permanently removed from an estate and transferred into a trust. Usually, these assets are exempt from estate taxes, as they aren’t considered part of the grantor’s estate, upon their death. Many revocable trusts become irrevocable upon the grantor’s death or mental disability.

The Trustee’s Role

The grantor names a trustee that handles most things, as well as manages the portfolio. Often, the grantor can make all of the big decisions alongside the trustee, or the trustee can have full power over the assets. The trustee is often a friend, relative or accountant, but there are plenty of specialists that can manage your trust.

Different Trusts

It’s really worth picking out your trust carefully, as different trusts cater for different needs. There are plenty to choose from, so do some research.

The Living Trust

You are both the trustee and the beneficiary of the trust, while you’re alive. This means that you have control of all your assets until you die. When you pass away, your designated successor will share your assets by following the terms of the trust. This avoids will-related probate. Speak to a solicitor about will-related probate. In the event that you become incapacitated during your lifetime, your successor or co-trustee will take the reins.

Qualified Personal Residence Trust

You can remove a residence from your estate and into a trust with conditions applied. For example, a holiday home can be visited according to your terms, but still belongs to the trust and its beneficiaries. Gift tax is reduced because you still have rights to the property.

Generation-Skipping Trust

This trust is used to give money to your grandchildren. There is a generation-skipping tax exemption (of up to $5.12 million). It’s similar to the federal estate tax exclusion.

Charitable Lead Trust

You might want to be a force for good after you die and leave your assets to a charitable association. A trustee can sell anything donated and set-up an annuity that will be paid to you and your heirs until the end of your life expectancy. Any remaining assets go to charity.

Why You Need A Will

Guest PostIt is recommended that everyone have a will drawn up to govern their assets in the event of their death. Whilst few people want to consider their own mortality, a will is an important tool used to protect grieving family members from having to manage the complex legal issues surrounding your estate after you have passed away.

Although wills can be made independently, the greatest security is offered through making a will with an experienced solicitor. Ask family and friends for firms they have previously used, or look to companies with solid local representation such as Breens Solicitors.

When people die without a will, they are said to have died ‘intestate’ and as such, a wide range of very strict rules are applied to their assets. The first of these is the appointment of an executor to the estate, who oversees the distribution of wealth. During the process of writing a will, parties are able to choose your own executor. If someone is to die intestate, they no longer have this choice.

Moreover, laws for the deceased person’s accounts mean that only the first £325,000 of their assets are tax free. In some cases, this can mean that the family left behind must deal with a substantial tax bill. If two parties are cohabiting but unmarried, there is no tax relief at all.

In these instances, it can be wise to establish a trust. This means that the estate is transferred to a trust manager – or trustee – whilst the estate owner is still living, and they are then in a position to handle the estate after the bereavement. In these cases, the assets of the deceased do not need to pass through the probate system which is involved in executing a will. In some cases, establishing a trust can bring enormous tax savings for descendants who would otherwise need to meet substantial inheritance tax bills.

Provisions for children are also made in the will. This means that the guardianship of any minor is appointed to a named individual. If someone dies intestate, it is left to the courts to determine the most appropriate guardian for any remaining children. Of particular note is the fact that if two parents are not married, guardianship will not automatically pass to the surviving parent. It can be important to provide for this in the will, which is a legally binding document and would ensure the children remained with their living parent.

Tenancy Law – “Providing a False Statement Knowingly”

Guest PostLegal 4 Landlords
www.legal4landlords.com
23/07/2013

Introduced by the Housing Act 1996 was an additional ground for eviction, which aimed to deal with a growing number of fraudulent tenancies. The new ground for eviction (Ground 17) was aptly names “Providing a False Statement Knowingly”.

The additional ground is however only a discretionary ground, which makes a total of 9 discretionary eviction grounds, and 8 mandatory eviction grounds – 17 grounds altogether (click here for a full list of mandatory and discretionary grounds for eviction).

Specifically Ground 17 is for when a tenant (or a person acting for the tenant) is deliberately dishonest in order to obtain a tenancy, which they would not have otherwise been able to secure. Letting agents and landlords where frequently frustrated by a relatively small number of potential tenants who provided both misleading and deliberately deceptive information, which did not always come to light until after the tenancy has started, at which point they previously had little recourse. With the introduction of Ground 17, landlords at least have the option to take action against tenants who has made fraudulent claims.

Tenant References and Tenant Application Forms
The majority of letting agents, and most landlords take proactive measures to “vet” their tenants prior to signing a tenancy agreement. The most common part of the vetting process is a tenant reference. This reference (which is usually completed by a third party tenant referencing company such as Legal 4 Landlords) will ask the potential tenant various questions about their financial situation, employment, lifestyle and previous address history. The results will then be fed back to the landlord or letting agent together with a recommendation, usually either Accept of Decline (some maybe returned as accept only with guarantor).

A small number of tenants who have been declined tenancies in the past due to their tenant reference may decide to provide false information in order to ensure an “accept” is received.

Most Common Types of Fraudulent Information
Research completed by Legal 4 Landlords has highlighted three main areas which are most susceptible to fraudulent statements:-

1. Tenant(s) states they are single when they are not
This can be because they know their partner would not pass a tenant reference or a credit search, and therefore conceal their relationship in order to avoid the tenancy application being rejected. Another common reason for the applicant claiming to be single when they are not is in order to qualify for housing benefit or tax credits as a single person / parent.

2. Tenant(s) states they are employed when they are not
This could simply be an unemployed tenant trying to obtain a tenancy which specified professional tenants only (no DSS). Some may go to great lengths to confirm employment, including fraudulent pay slips or by providing false employment reference. (useful tip: always confirm employment references using a landline phone number which can be found on the company’s website, and then ask to be transferred to the person who provided the reference)

3. Tenant(s) claim they have lived with parents for the last 3 years
This is generally to avoid bad debt detection, or to avoid providing their previous landlord details.

How to Use Ground 17 for Eviction Proceedings
Ground 17 is a discretionary ground, and so the court will take a subjective view on the particular details surrounding the claim and whether it is reasonable to grant an order for possession (evict the tenant) when considering the requirements of the Ground 17:-

“Recovery of possession where grant induced by false statement”

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—

(a) the tenant, or
(b) a person acting at the tenant’s instigation.”

Click here to view Ground 17 details on legislation.gov.uk

This ground has two significant components which the landlord would need to prove:

(a) they were induced to grant the tenancy by a false statement, and
(b) the false statement was made knowingly or recklessly.

NOTE: the false information does not need to come directly from the tenant, but can be from a third party in which the tenant has influenced, for example a false employment reference.

What the Court will Consider

• Did the tenant deliberately provide misleading, false or withhold information on their tenant application or tenant reference forms?
  
• Does the landlord have evidence of the deception, for example a copy of the tenancy application or tenant reference form completed and signed by the tenant?
  
• What was the nature and extent of the false statement? Eg. was it a slight exaggeration of earnings, or did they completely falsify their employment situation?
  
• When did the landlord find out about the false information, and how quickly did they seek legal remedy?

Most often the landlord will not find out about the false information until a property inspection is carried out, or if problems with rental payments arise.

Identity Theft
In additional to any fraudulent information provided by the tenant, it is also worth considering the possibility of identity theft. Landlord and letting agents can reduce their risk by confirming the potential tenants identify with a trusted form of photo ID, for example a passport or photo card driving license.

Are Courts Finally Beginning to See Fathers as Equal Parents?

Guest PostWhen a couple separates or files for divorce, their first thoughts should be about how to create the best possible situation for their children. Studies have shown that children can be greatly affected by their parents’ divorce- the results include a drop in grades, changes in attitudes or behaviour, or even depression.

In an ideal situation, both parents would come to an amicable decision which would result in both parents having equal responsibilities and time with the kids. Unfortunately, this is not the case in many divorces or separations; and often both parties cannot reach an agreement on temporary custody of the kids. This is when the court steps in.

The Family Law Act states that “each parent has parental responsibility for each of their children until aged 18”. The law acknowledges the importance of the parental responsibilities of both the mother and the father to their children. The court encourages both parents to come to an agreement with the best interest of their children in mind. Separation of the parents will greatly affect the overall well-being of the child so it is vital that the parents establish a relatively conflict-free parenting relationship. However as mentioned, if they cannot agree on certain arrangements, the court makes orders about parental responsibilities.

There are four types of parenting orders that are issued by the Family Court: Orders about parental responsibility and decision making, orders about with whom the child will live, child maintenance or child support orders and orders about the communication and time spent with the parent the child does not live with. When issuing these orders, the Family Court does so in the best interest of the child.

However, in a report on Channel Ten’s The Project, they concluded that the social perception of divorced couples is that fathers have been cast as the ‘secondary parent’ while the mothers assume the primary parenting role. Fathers say that there is a discrimination against men when it comes to granting parenting orders and that the mothers always end up in a better situation as far as the children are concerned. They also say that “there is no equality and no equal balance between men and women in court”.

This inequality between parents in court, where mothers were seen as the primary parent, appears to be changing, particularly in the last few years. Family consultants are now being brought in to determine what is best for the child/children. Other important factors are also considered, such as the physical and mental health of the parent, the willingness of the parent to support and facilitate the child’s on-going relationship with the other parent, the ability of the parent to provide the basic necessities of the child, the ability of the parent to send the child to school/provide good education as well which parent is able to provide the best guidance for the child. The judge also takes into account the plan of the parent for their child and the permanence and stability of the family unit in which the child is proposed to live. They also consider reports of domestic violence, abuse and neglect if there has been any. In consideration, courts have begun to weigh up all these factors to determine which parent should be the primary caregiver of the child, as opposed to simply favouring the mother.

This post was contributed by the team at Aitken Partners Law Firm.

Thief aping Santa Claus found dead in chimney at law firm

(And who said I was lousy at coming up with blog post titles?!?) :p

From the Telegraph 03/05/13:

The body of a serial burglar was discovered wedged in the chimney of a Grade II–listed building after staff at a solicitor's office noticed an unpleasant smell.

He wasn’t dressed in a red tunic with white fur was he? Any sign of a herd of reindeer having landed on the roof in the recent past?

Police are investigating whether Kevin Gough attempted to break in to the building in St Mary's Gate, Derby, and became trapped.

It is thought the 42-year-old's body had been in the chimney of the Grade II listed building for several weeks. It emerged today that he is a serial burglar with a history of breaking into premises.

Officers were called to the firm of solicitors on Wednesday afternoon after staff reported a sickening smell wafting throughout the Grade II listed building.

Mr Gough's body is understood to have been significantly decomposed, which attracted an unusually high number of flies.

Don’t decomposing bodies usually attract a high number of flies? 

Mr Gough, who had no permanent address, has a string of previous convictions for targeting businesses.

It sounds like staff might need to vacate the premises while it’s fumigated. I wonder if the firm handles private client matters. Having potential business arrive on your premises beats chasing victims in ambulances I should think. 

I know, I know – these cheap jibes are in very poor taste.

Managing digital assets after death

From the Telegraph 12/04/13:

Google has launched a new service to help its users make an online will that dictates what happens to their data after they die - either permanently deleting it, or passing it on to loved ones as a digital inheritance.

Inactive Account Manager lets users of all Google services choose "trusted contacts" who will have access to their data once their account has laid dormant for three, six or 12 months, depending on their preference.

As a final warning before releasing the data, Google will send an email and text message to the user to make sure that they have passed on, and not merely left their accounts inactive.

Alternatively, users can choose to have their data deleted permanently.

Google product manager Andreas Tuerk said, in a blog post announcing the launch: "We hope that this new feature will enable you to plan your digital afterlife — in a way that protects your privacy and security — and make life easier for your loved ones after you’re gone."

A growing proportion of a person’s assets are in digital or virtual form these days - so much so, wills often have a provision for digital assets now. In fact, I blogged about it only recently.

Just including passwords within a standard will can have obvious drawbacks, ranging from potential security risks if the testator is careless with their copy, right through to problems keeping it up to date if you (sensibly) change your passwords regularly. 

As Google sensibly ask:

What should happen to your photos, emails and documents when you stop using your account? Google puts you in control.

If you’re a user of Google’s services, this one really is a no-brainer.

Still, I like their avoidance of difficult subjects in the blurb on their Inactive Account Manager page.

There are many situations that might prevent you from accessing or using your Google account.

It’s strange that they don’t expressly mention being dead, comatose or left in a persistent vegetative state.

Funny that.

Can I Still Get Family Legal Aid?

Guest Post

Following the introduction of the Legal Aid Sentencing and Punishment of Offenders Act 2012 there has been a lot of publicity and comment some of which could be misunderstood to indicate that legal aid will no longer be available in family cases from 1 April 2013.

Whilst there have been significant changes to legal aid it still covers certain proceedings.

These are:-

• Public family law cases regarding the protection of children including care proceedings, pre-proceedings advice.
• Private family law proceedings such as contact and residence disputes where there is evidence of domestic violence.
• Private law children cases where there is evidence of child abuse
• Foreign Child Abduction matters
• Representation of child parties in private family law cases
• Legal advice in support of mediation
• Domestic Violence Injunction
• Cases for Non Molestation and Occupation Orders
• Forced Marriage Protection Order cases

It is very important to be aware that divorce, dissolution of civil partnerships, financial and children matters are eligible for legal aid only if the client can produce evidence of domestic violence or child abuse.

If that evidence does not exist or cannot be provided, legal aid will not be available.

The evidence of domestic abuse is complicated and needs to be provided before the legal help can be made available.

Legal aid is only available to the victim of domestic abuse, not the perpetrator and so it will often be the case that only one party can be represented by a Solicitor.

The firm cannot grant legal help, nor apply for a Legal Aid Certificate for private family law services without one of the following:-

1. the Opponent having a relevant unspent conviction for a domestic violence offence
2. the Opponent having a relevant police caution for a domestic violence offence given within a twenty four month period immediately preceding the date of the application for civil legal services.
3. evidence of relevant criminal proceedings against the Opponent for a domestic violence offence which has not ended.
4. a relevant protective injunction against the Opponent which is in force or which was granted within a twenty four month period immediately preceding the date of the application for civil legal services.
5. an undertaking given in England and Wales under the Family Law Act subject to certain conditions.
6. a letter from a person appointed to chair a MARAC confirming that the Applicant was referred to the conference as a high risk victim of domestic violence which again, needs to be within a twenty four month period.
7. a copy of a finding of fact made in proceedings in the United Kingdom again, subject to the twenty four month rule.
8. a letter or report from a health professional subject to certain conditions.
9. a letter from a Social Services department in England or Wales or its equivalent in Scotland or Northern Ireland, again within a twenty four month period with conditions.
10. a report from domestic violence support organisation, again subject to a twenty four month rule providing certain information.

Alternatively, evidence that children are at risk which needs to be provided in similar circumstances to the above.

As can be seen, there is very strict criteria but it does not mean that legal aid cannot be obtained.

In most circumstances the Applicant will need to obtain the evidence prior to making the appointment with the Solicitor. However, once that evidence has been obtained advice can be provided very quickly.

In addition the rules regarding financial eligibility for legal aid have been tightened up and financial information will need to be available in time for the first appointment.

The message is if you are the victim or potential victim of domestic violence/abuse or your children are at risk of abuse seek legal advice and do not delay.

Stephens Scown, Solicitors in Exeter, www.stephens-scown.co.uk, offer personal, business and specialist legal advice.

Don’t let your online assets die with you – make a digital will

Guest Post

What we recognise as our valuable assets constantly changes over time and with more of us spending time online and managing our finances on the web, it has become a necessary importance to ensure our modern-day secrets, including our passwords and accounts, are recorded in our will.

Millions of us now run a handful of online accounts. These include private information from everyday banking and savings to online shopping catalogues, betting and gambling accounts to air miles. Even social media accounts including Twitter and Facebook are recognised as valuable assets to pass on.

All of these require a password, and if you were to die without a will, these online accounts will be lost with you and could result in thousands of pounds in savings accounts, shopping websites or online gambling credit, lost forever.

Online Businesses
Online businesses or individuals who rely on the internet to earn a living also need to consider leaving their personal details. If a person is an active eBay seller or buyer for example, failure to pass on their account information could jeopardise live transactions. These could then become a legal liability on the estate, as an order for goods through and payment is demanded.

Companies can vary widely in how they treat online accounts after you pass away, however financial organisations are known to be the easiest to deal with if you do not have the username or password for a deceased relative.

eBay only require a death certificate, but crucially it will close an account or eBay shop on notification, rather than transfer ownership. If it is not notified of the death, any live sales would go through its disputes procedure if not honoured.

Influencing older generations
My worry with adding our digital information within a will, is that older generations may not recognise the value of including their digital information, or could be sceptical of passing on their personal details.

While older generations have long been thought to be slow to embrace the internet, figures from Ofcom show that older people are becoming increasingly confident about saving information online.

How to ensure your online life doesn’t die with you
First make a digital inventory. List all of your assets and include every online account and their details. You should state what your wishes are for each account on your death, this also includes whether you wish nobody to view certain information such as email accounts.

You can also make a digital will which can be included on run alongside your main will. It will set down the names of the executors responsible for gaining access, and, where relevant, shutting down or passing over each account to the heirs.

It’s vital you leave your account details and passwords safe, before transferring the information into your will. Otherwise, your executors will not be able to distribute your online assets and alert organisations to your death.