“Some people live quite private lives and they die unexpectedly and people don’t even know to look,” said Darren Jack, chairman of a task force for the Unclaimed Property Professionals Organization.
While no one likes to look into the mirror and face their own mortality, admitting its inevitability allows us to take steps to ensure our wishes are clear, understood, and carried out to the maximum extent possible, with the least cost. In other words, ensuring you have a clear, valid and effective will that articulates both the letter and spirit of your wishes, appointing an Executor who has both the skills and the time to carry them out, and providing your Executor with an inventory of your assets and obligations (including where they are located and how they can be accessed) are critical elements to achieving your wishes.
There is no legislation in Canada to govern an Executor’s responsibilities over a person’s digital footprint and assets. Each service provider sets the terms and conditions in the “Terms of Service” that you must “Accept” in order to obtain the service. When was the last time you read that in it’s entirety, if ever?