Social media etiquette & talking about death – what do you think?

social-media-etiquette-death

Credit: KROMKRATHOG at freedigitalphotos.net

At Away For A Bit, we want to know what your view is when it comes to social media etiquette and how we talk about death. What’s your response when you see the news of a friend’s death posted on a Facebook wall? How do you send condolences these days?

Please share your opinions in this very short survey. It will take a couple of minutes and all individual responses will be treated confidentially. We’ll be sharing group feedback from this survey shortly and report back on what you think.

Many thanks for participating. We appreciate your time. Have your say in this survey.

If a will is drafted on a mobile phone, is it valid? Not likely say US estate advisers…

digital afterlife or legacy on phone

“Michal Zacharzewski, SXC”

A recent court ruling in Queensland, Australia determined that a will that had been drafted on an iPhone was valid. This prompted IT Law Firm IdeaLaw to ask, could wills drafted on social media and in other informal scenarios be deemed as legally valid in the future?*

While it has been suggested as a possibility in Australia, this feature attracted some interesting feedback from legal and estate planning representatives in the US who indicated that this would depend on the state. However, in mentioned cases it was considered unlikely – at least, for the foreseeable future.

“For the US, that will depend on each state’s laws,” replied Jeff Dundon, Director, Gift Planning at UC Foundation. “It would not be considered a holographic will in Ohio and does not meet the requirements of written signed by testator and at least two independent witnesses. A statutory change could make it possible but I can foresee a lot of issues and contests for a ‘smart phone’ will.”

Reeve Chudd, Partner, Ervin, Cohen & Jessup added, “Not in California. We only have two types of Wills — (a) signed by the testator and witnessed by at least two independent witnesses, and (b) entirely in the testator’s handwriting which is signed and dated (holographic Will). Video Wills don’t work either.”

Dave Towers, a Gift Planning Officer at Victoria Hospital Foundation in Canada had the final say however, referring to a recent anniversary of a will drafted in extraordinary circumstances over 60 years ago. He pointed to a farmer’s last wishes that he etched onto the fender of a tractor after it fell on him during an accident. These were later accepted by a court in Saskatchewan.

A judge at the time ordered the fender portion of the tractor to be cut off and it has been displayed under a piece of glass in the Saskatchewan Law College Library ever since.

*IdeaLaw’s full analysis: “Can a document on a smartphone be a valid will?”

Legacy Tip #2: Register online accounts with personal email address & keep contact details updated

protect_legacy_email_social_online_accountsFor personal online services such as for banking and financial, registrations to social media accounts such as Facebook and LinkedIn or other entertainment/lifestyle memberships where digital assets may be stored (i.e. your Apple account with iPhoto or iCloud), always use a personal email address for the sign-up process as opposed to a company email address or someone else’s contact details.

It’s a practical and basic rule but it means that you keep control over the sign in process as well as management of the account and the data it contains.

Why?

If a person leaves a place of employment and their work email is associated with their online services, they may have access issues later.

When someone leaves a company suddenly (i.e. in the case of redundancy), it’s likely that the business will cancel the email address if not immediately, then very quickly for security reasons.

In the event that an employee is working through a notice period before leaving the company, there’s still a chance that updating social media and online registration details with a personal email address may be forgotten with the distraction of other handover tasks.

This generally means that when that person leaves the company, they won’t have access to the email account for any correspondence from online subscription services but more importantly, they are unable to reset usernames and passwords for online services that rely on email, as well as a response to the emails they send, to identify an account holder.

Next of kin will have issues accessing a deceased person’s accounts if they are associated with a work email address. 

Even the most sympathetic companies will not (or in any event are extremely unlikely) to allow next of kin to access the deceased’s email account for privacy and security reasons.

Whether or not next of kin or close family and/or friends have access to the deceased’s usernames and passwords, if the accounts they are trying to enter are associated with a work email, they still won’t be able to access those services that rely on email and responses from the account holder’s email to confirm access rights.

Using an online service set up with another person’s details can lead to access issues and complications down the line.

Say a couple shares a household service which has only been set up in one person’s name. Should the person that registered for the subscription die, their partner may no longer be able to access the account. This is for the reason cited before — that digital services often verify access rights through email — but similarly, functions that we often take for granted these days such as ‘remember this password’ on devices means that the person who survived the deceased may not know relevant passwords either.

For shared household services, it’s wise to set these up using an email account that everyone within the household can access and document relevant passwords so that if the person who registered the account(s) leaves, it does not automatically result in discontinuation of the service.

It’s also worth bearing in mind that when someone registers for an online account, they are the one to accept terms and conditions as well as responsibility for it — including associated fees — even if the service is predominantly used by someone else.

As an example, if a son or daughter bought a mobile phone account or online media subscription for a parent but signed up for it under their own name, they would be liable for ongoing payments in the event their parent died during the fixed term contract period.

Legacy Tip #1: Plan what happens to your Facebook Data and Profile

facebook_legacy_memorialisation_friends_change_digital_afterlifeFor anyone located in the US, Facebook has introduced Legacy Contact, a set of features that allow a user to nominate a friend to manage their account, albeit in a more restricted way, after they die. A Legacy Contact is able to update profile photos or add new friends and family contacts in memory of and on behalf of their deceased friend. Importantly, a user can also indicate whether or not they’d like a copy of their Facebook data to be downloaded by their assigned contact or alternatively instruct Facebook to delete their account after their death.

For everyone else, Facebook memorialisation is an option but this process can pose issues as guest blogger Nicole Wright points out. Here are some thoughts on how to preserve your personal history and avoid it from being lost or locked into the social networking site, so you can reminisce over fond memories in years from now and also share these with your loved ones when your time comes.

[Read more…]

How to capture email, text and chat conversations from a screen

mobile burst applicationsRecently I wrote that when going through and organising DB’s effects after his death, I came across a printed copy of our first email conversation that he had hoarded away with other paperwork. My messages had been sent from an email account that I had forgotten about and hadn’t used for over ten years. When I decided to log into the account again to reclaim our old correspondence, I realised that the company had since been acquired twice, renamed and that my membership no longer existed. Later conversations were lost. At the time, it was heart wrenching.

So I’ve been on a mission to avoid the same situation happening again, looking into apps and services that exist to help people capture correspondence via text, chat and email.

You can get email, phone, text and chat management systems that archive and back up all correspondence (particularly useful for business or for legal purposes) but the options below are for capturing specific conversations you want to keep as memories. They are mostly straightforward and also eye catching.

Surprisingly, there seem to be relatively few options out there but here some that I’ve discovered with costs ranging from free to those sitting on the higher side of the price spectrum. If you are aware of others that you can share, please post below. I’d love to hear about them.

A heads up. These services do not work if you are trying to capture conversations with someone who has a memorialised Facebook account (what is Facebook memorialisation?). Memorialised accounts do not show up in the search functions of the services below integrating Facebook, I suspect because Facebook does not provide access. As a result, it’s not possible to download the conversations you’ve had with deceased Facebook members whose pages are memorialised, even if you’re trying to do so from your own account.

[Read more…]

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