Planning messages from the beyond

Including messages as part of estate planning for next of kin and/or other family and friends can provide tremendous comfort for those mourning the loss of someone they love. It’s important however that these personal messages are not executed casually.

Leaving behind a carelessly written note or one that has been recorded in haste can result in emotional fall out for relatives or friends already dealing with loss. It can also have legal ramifications for how the estate is later administered, leaving a will vulnerable to contestation which in turn results in considerable delays and potential costs for named beneficiaries.

This two-part feature will cover the offline and digital options in planning post mortem communications as well as considerations to avoid legal pitfalls.

What digital services exist to incorporate message giving as part of estate planning?

With the emergence and increasing reliance on the internet and digital services, it’s not surprising that there are many new online offerings catering for the digital afterlife.

There are several which help users do an audit of and manage their digital accounts and many of these already offer additional service components which enable someone to add personal messages for their next of kin or intended estate recipients.

Fred Schebesta, co-founder of finder.com.au, an online financial services comparison website points out that the choice of online apps and services is wide ranging.

“Facebook apps like IfIDie.net allow you to leave a personal message on your Facebook if you were to die. When signing up for the app you designate three participating friends who will let the app know when you pass away, which then prompts it to release your pre-recorded message,” says Schebesta. “There’s even a startup called Eterni.me that’s developing a service where you can create an online avatar that your loved ones can interact with.”

New services such as Eterniam provide access to digital assets to next of kin, family or friends as designated by the account owner. Parvez Anandam CEO for Eterniam says, “these digital assets can be photos, videos and important documents including both important legal ones as well as deeply personal ones such as letters to loved ones.”

Another recent digital afterlife start up, Passing Bye, offers users the option of assigning private messages and journal sharing to their nominated kin. With the Last Private Message feature, account holders can convey thoughts and notes that are sent to recipients as simple written messages. If a member is looking to include more, they can set up a journal entry or series of entries that can include photos and videos with text.

All these digital services will work using a fee structure, generally requiring an account holder to pay monthly or annual tariffs although in some cases they may include an option for the user to pay a one time lifetime fee.

For someone doesn’t want to pay for a service, the Facebook afterlife app ifIdie.net and many of these aforementioned companies also offer basic free services to accompany their premium offerings. They are often provided as a sample to entice subscribers to upgrade.

Another option for regular or avid Google users is Google Inactive Manager, a free service for account holders. Its objective is to encourage users to plan what happens to their Google data after death and includes a private written message option as part of the nomination or destroy process. This feature is available even if the user decides that all data is to be destroyed by the service provider. The downside to using this service is that Google will send messages and follow afterlife instructions only after a timeframe of at least three months. As a result, Google Inactive Manager will not be of benefit for messages that are time sensitive or include information that next of kin require immediately. How to sign up to Google Inactive Manager.

Important legal and practical considerations

digital_afterlife_estate_planning_messages

Credit: Shho

 

As I’ve previously emphasised, it’s very important with any digital offering supporting your estate management efforts, that you understand their terms and conditions. This article gives a good summary on things to consider when signing up to a digital afterlife service but some questions to ask and think about when doing your assessment include:

 

  • How are they managing your data and what are your privacy or legal rights?
  • Under what conditions will the provider share your data with third parties?
  • What will happen to your information if the service expires before you do? Will they make good on delivering your messages or refund your membership fee if they fail to action?
  • How do nominated next of kin, friends and family receive instructions after your death? Does it suit your online lifestyle?

With courts recognising informal documents such as notes, emails, letters, video as having legal standing, another key aspect to think about carefully is what to include in post-mortem messages intended for next of kin, family or friends. Even if your intent is good, by leaving a personal message you may raise a recipient’s expectations or sense of entitlement relating to an inheritance and risk the potential of your estate instructions being questioned after death.

Darryl Browne, Solicitor at Browne-Linkenbagh explains that there has been a 60 per cent increase in claims over the last decade in Australia largely initiated by people who have been acknowledged within informal documentation by a deceased party which has later been used to contest the deceased person’s will.

“When you make declarations that are wrong, that overly inflate a person’s worth to you or are inflammatory when recording last wishes, it can be counterproductive,” says Browne. “If a will is contested, claims will take two or more years to be resolved and can have significant emotional, legal and financial implications for the intended beneficiaries of your estate.”

Kay Lam-McLeod, IT Lawyer from IdeaLaw agrees. “Remember that if your will is challenged, the estate will get hit with legal fees and it holds up distribution. So the people you want to leave your inheritance to are the ones who will suffer as a result.”

NEXT: What to think about when planning digital and offline post-mortem messages to avoid legal complications for beneficiaries.

How to record a voice mail message from a mobile phone

I received this note recently…

My sister died two months ago and her husband is looking into the various tasks which relate to her estate and closing her accounts. He is considering closing down her mobile phone account, something that I’ve been reluctant to entertain because we spent a lot of time talking on the phone (we used to speak daily). I miss her voice so much and I like to phone and listen to her voice mail message which will disappear when the account is cancelled. Any suggestions on how I can record and keep this message? Is this something that the mobile operator can do for me? I’m not particularly tech savvy.” S.A., NSW.

It’s very tough to close down accounts in this type of situation because the act itself is so final. Another reminder that someone’s time with us is over. My heart goes out to anyone going through this process.

When it comes to voice mail, there are many options for recording a message, ranging from ‘do-it-yourself’ options through to outsourcing the task to companies who will do the job for you.

Speaking to various businesses, I asked what they did when they needed to capture high quality recordings in a relatively straightforward way.

Simon Crunden, Director of TravelProcure, a company providing travel management consultancy to government, academia and corporates suggested using Pamela Skype (www.pamela.biz).

To use it, you simply download the app on your mobile or desktop, and make a call using your Skype account. When the call connects, you have the option to start to record the conversation using Pamela. When you finish the conversation, the call is automatically saved as an MP3 file into a folder on your computer.

He offers a word of caution for users planning or thinking of recording a conversation. Users need to be aware that before they record a conversation, they should seek the persons consent, as it may be illegal to do it in some jurisdictions.

Mark Rennie, Sales Director for Phonenomena, a company that service large mobile customers of Telstra in Australia told me that he experienced this type of request a number of years ago. At the time, the company had to use a sensitive microphone to make the recording from the phone’s speaker phone. Today though, it is much easier using other technologies.

Mark suggests using a Skype service such as Skype Call Recorder or if you have a mac, you can use the audio recording tools contained in Garage Band. He also recommends looking at solutions that are available via an apps search, for instance this call recorder app on iTunes. This example is a pay-per-call solution that calls over the internet to capture the message.

Finally, if you’d like to get someone else to do this for you, there are companies that will do this for a fee. Voicemailsforever.com is one such example, helping people to save their voice mails in an mp3 format.

Here’s wishing you the best of luck in capturing that voice mail message.

Got a question about managing a digital afterlife or estate issue? Drop a line to emily@awayforabit.com.

Digital services for managing passwords and other important information

A legal representative such as a solicitor or lawyer can act as a third party confidant in helping you plan a digital afterlife and privately keep your passwords on file for next of kin. There are also many, many different digital legacy and afterlife services that are emerging and you can compare their approach. Here are some digital services that store and help you organise your confidential information including passwords and offer the option to transfer relevant information to beneficiaries when the time comes.

These are ones that I’ve been made aware of recently but not necessarily trialled. I’d recommend that you do research services thoroughly before committing to make sure that you find one that suits your requirements.  Many digital offerings provide the option of a free trial as well.

Are there others you’d suggest? If so, please drop details in the comments section below.

 

Cirrus Legacy

This service (UK based) allows clients to manage their online accounts on a day to day basis as well as upload and store critical documents appertaining to their life. Account information and documents or files can be assigned to an executor or a guardian after death to carry out their last wishes. Cirrus does not give ownership to any financial, sentimental, intellectual or social data but offers are a series of signposts if you will to the accounts for executors and family to deal with on a one to one basis.

According to Paul Golding who owes Cirrus Legacy, if the firm was acquired the data would move to the new owners, who would have to adhere to our clients wishes in regards to sharing and the usage of their personal information as specified by the client at sign-up. If the firm were to close down, a process is in place granting time for the individual client to retrieve their stored information. The company also runs an affiliate program across a UK solicitor network.

Passing Bye

Passing Bye focuses on providing a file vault for documents and a secure central password management system but also offers a journal type facility where you can store favourite personal items such as stories, memories, recipes, photos or videos. Another feature highlighted is the option to store last final messages which are sent to intended recipients when you’re gone. Sharing options and rights are built into the service and subscribers pay on an annual basis with a free 30 day trial available.

Planned Departure

Another service (UK based) that acts like an electronic vault, holding your important documents, account details and passwords. It was designed and built specifically for digital afterlife planning and requires you to give contact details for next of kin or nominated representatives to speak to when the time comes. The company offers a 14 day trial and offers payment plans on a monthly, yearly or lifetime basis.

SafelyFiled

SafelyFiled offers a platform for users to organise, store, and retrieve important documents and account details. It then allows the account owner to share information with family members or professional advisor. Different types of information can be shared with different beneficiaries and prompts are sent when it’s time to update or renew important documents. SafelyFiled offers a free account for medical information and a 30 day money back guarantee on other services if not fulfilling your needs. It also offers very useful checklist resources.

Your Digital File

Your Digital File is a newly launched service based in Australia specialising in the digital storage,sharing and signing of confidential documents. It positions itself as a hyper secure service both for personal and corporate use..

It securely protects confidential files from others (even Your Digital File can’t see them) and provides a secure means to share and manage documents. Nominated documents (ie wills), are released to beneficiaries when the account holder dies once verified by Your Digital File. The company has a tiered level of account offerings based on how much storage a subscriber needs.

 

How to keep passwords confidential while bequeathing them to your next of kin: digital services

 

digital_afterlife_password_security

Copyright: Asif Akbar

A legal representative such as a solicitor or lawyer can act as a third party confidant in helping you plan a digital afterlife and privately keep your passwords on file for next of kin. There is also an increasing number of digital afterlife and secure online password services that will help you assign important information such as bank or legal documents to nominated beneficiaries as well as release usernames and passwords according to your instructions.

These can be more convenient for people who are active internet users changing passwords several times a year across multiple accounts. They allow users to automatically access and update their information whenever they want without the need to work through another person. This is useful if someone has to respond quickly to a bug or security threat.

There are other advantages too. Online services concerned with passwords and passing on digital legacies are varied in what they offer but generally speaking, they aim to centrally manage multiple sources of data in one place. Many include a decent amount of storage for the account holder to organise photos, memories, notes and documents with friendly user interfaces for viewing and downloading. On the whole, they encourage users to think in a structured way about doing an inventory of their online life and the digital legacy that they’d like to share.

When doing your research, it’s worth fully understanding how the service will verify when it is time to share your confidential information. Because of their nature, digital afterlife services are often automated and take a variety of approaches to ascertain if someone has died and if their data should be passed on. Some such as Google Inactive Manager provide information to next of or nominated kin if the account holder hasn’t logged into the service for a period of time. Others, will send prompts, such as emails or texts to customers periodically, asking them to confirm that they are still alive. If there’s no reply, these companies will often do additional checks to establish if the account holder is deceased before finally distributing information to next of kin.

If you don’t check in with or respond to this kind of service within your agreed time period, you may end up sharing information before it’s time, something that will be distressing, awkward and have security implications for you. Ensure that you fully understand the terms and conditions as well as the style and format of communication this kind of service has – both with you and your next of kin.

Also, make sure that your digital service fits in with your lifestyle. If you are not likely to check in regularly with a service that relies on you to do so, either because you don’t spend a lot of time online or you’re unlikely to remember, this type of offering won’t be a convenient option. Similarly, a digital legacy plan that operates by sending a series of electronic prompts asking you to confirm that you are alive won’t work for you if this type of communication bugs you.

Given that the digital afterlife industry is still an immature one, I’d recommend that you find out what the financial status or longer term vision is of the organisation that you’re considering. There have been a few mergers of late. Entrustet was acquired by SecureSafe and more recently PasswordBox bought LegacyLocker. Shifts happen in any industry but it’s worth asking any potential company that’s going to be charged with your digital legacy, what its longer term goals are and how it is going to support them. What are its contingency plans for your data if it expires before you do?

Finally, it’s worth re-iterating that you should check terms and conditions to fully understand what you’re subscribing to, what your responsibilities are when using the service as well as the service provider’s accountability to you. According to Damin Murdock, Principal Lawyer for MurdockCheng Legal Practice, the main benefit of storing your digital estate with a lawyer as opposed to an online platform is that the client will have the comfort of knowing a law firm has a succession plan and is bound by strict rules, regulations and statutory duties. With an online platform, you are only bound by terms and conditions of use for the online platform. Be clear what kind of jurisdictional rules may apply to you and what its commitment is to you and your data.

What digital services exist to manage and transition passwords and other important documentation to next of kin?

How can you keep your passwords confidential while providing to next of kin when the time comes?

Copyright: Patrick Hajzler

Copyright: Patrick Hajzler

You may be thinking about what happens to your digital estate after you die and you’ve read that it’s wise to provide a list of your online accounts and passwords to your nominated friend, family member or next of kin.

What options are available to you to transition this information securely and reliably? The chances are you won’t want to share sensitive log-in and account details to your next of kin while you are alive for many reasons including security. There are several third party organisations that will transition documents, digital password information or instructions to people you nominate to receive these when you die. In this article, we look at the benefits of using a solicitor or lawyer. Compare digital services and what to consider when assessing an online option.

Many organisations including Away For a Bit have suggested that usernames and passwords are provided to a solicitor or lawyer which can then be transferred to the right person or people as part of your estate.

For those wondering if this is a secure process, in Australia, lawyers are bound by both law and Professional Conduct Rules.

According to Paul Gordon, Associate at Finlaysons, “If a lawyer breaches these, they could be disqualified from practicing as a lawyer and could face additional penalties.”

These rules apply when solicitors are tasked with looking after information deemed confidential by the client. Gordon points out that “Professional Conduct Rules (which differ slightly between states and territories) require lawyers to keep information provided to them by their clients confidential, except in some very limited circumstances. If a list of usernames and passwords were to be provided to a solicitor, this would be treated no differently.”

There are advantages to using a solicitor versus using a digital service to pass on confidential password data. If your next of kin or family member is not online savvy then they may be overwhelmed by the processes involved with a digital transfer of this information to them. Or they may not even read the electronic communication that alerts them to its existence.

By using a solicitor, the recipient also has the benefit of being able to speak to and question someone personally about account information that has been included in a deceased person’s estate.

It’s best not to include a summary of your accounts and their access details directly in a will however. Once a Last Will and Testament is filed for probate within the appropriate state, it becomes a public document as does any codicil attached to a will.

For security and practical reasons, Gordon says that “he would recommend that this be given as a separate document to your lawyers for many reasons, including the fact that every time you changed your passwords, or added a new one, you would have to change the will!”

Things to consider

  • People considering using their lawyers to safeguard their digital identity should enquire about what security and confidentiality measures apply.
  • There may be a fee incurred when using a solicitor or lawyer to look after your documentation.
  • Be aware if the terms and conditions of the digital services you use allow you to disclose username/password information to your lawyer or next of kin when the time comes.
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