Digital Assets and Probate: A Practitioner’s Guide

This concise, user-friendly and expansive text is a worthwhile read for any private client practitioner.

The book does not just cover cryptoassets, on which many texts in this field seem to focus. In fact, most of it covers digital assets, a term that hides a multitude of elements. These includes social media accounts and dating sites. There is also consideration of what the author terms ‘quasi-digital assets’, that is assets that ‘are digital in nature, but also exist in a traditional environment’, which include online bank accounts. Given the breadth of subject area and diminutive size of the book, it is unsurprisingly not an academic text; this is by no means a criticism. Far from it. Indeed, value lies in its accessible style and practical content.

This is not a text that is limited to those fully conversant with the digital world and all its jargon. Every professional advising on wills, estate planning and probate should be applying their minds to these issues. The glossary at the beginning is invaluable. As with the rest of the text, it is to the point and avoids jargon to support the reader in understanding the issues.

The book is very much of its time. It talks about the social media platforms that are popular today, including Snapchat, Twitter, Facebook and Instagram, as well as issues with Amazon and the various services that it currently provides.

There is useful discussion about the numerous options for accessing accounts following death. There is also a valuable explanation of crypto-currencies. The book usefully discusses wallets, exchanges, Facebook’s imminent foray into cryptoassets, and also bitcoins, altcoins and stablecoins.

Many of the practical points discussed will most probably be irrelevant in the not too distant future. However, it is likely that the thoughtful consideration of the issues will still make this book a valuable read.

It is very much a practical book, guiding the practitioner on what issues to consider and offering pragmatic solutions. It covers succession for digital assets and offers suggested will wording, as well as how to deal with said assets on death and under lasting powers of attorney.

This is a practical guide to navigating the complex world of digital assets. A valuable addition to any will-writer’s and probate practitioner’s library.

Hilesh Chavda is a partner at Spencer West, London