The rise of internet users has dramatically increased over the past decade, with Facebook being the first social media network to hold 1 billion registered accounts in its database. This figure shows how crucial it is to make arrangements for any digital legacies during your lifetime.
A digital legacy is the information that is available concerning an individual after their death. The type of digital legacies may include:
- Gaming accounts
- Social media profiles
- Any other information stored online and all interaction that an individual has with another over the internet is also included.
If a person posts a comment on someone’s Instagram post, this information can be used to form part of a digital legacy and so it is not always straightforward to determine how this piece of information can be used after death. Every company will have its own terms and conditions as to how an account is run and it can be exhausting trying to get a hold of social media sites to inform them of the bereavement. This is why MLS advises clients to make a list of all their digital information, whether it is personal or financial.
Ownership of digital legacies after death
After an individual dies, digital legacies are usually owned by the beneficiary of the will and the online services that store the information. It is a good idea to read up on the end of life policies that each website/provider has in place to ensure that you put all the right procedures in place. For example, Twitter’s policy on this matter includes assisting family members or other authorised individuals with recording a death. They require information such as information about the deceased, a copy of the family member’s ID, and a copy of the deceased’s death certificate in order to close the account. Under no circumstances do they allow anyone access to the deceased individual’s accounts, which means that precious moments may be lost forever if they are not backed up beforehand. There are a number of websites that provide free information and resources on this issue like The Digital Legacy Association and Dying Matters who have Social Media Will templates available to use.
- Free services like LastPass manage all your online accounts and passwords in once place, which could be useful for the executor of the will to look at.
- Check Google’s Inactive Account Manager to control who your information should be passed on to after death.
- Keep a record of accounts that generate income such as YouTube, monetised blogs or PayPal so you can decide who will benefit from these.
- Memorialisation- Some social media sites like Facebook have an option to memorialise a deceased individual where friends and family members can share memories of that person.
For more information on digital legacies and what to include in a will, contact us on 01244 478730 or email us at email@example.com.
Written by: Mahum Fatima
 https://www.statista.com/statistics/272014/global-social-networks-ranked-by-number-of-users/Read More
There is only one ground for divorce and that is that your marriage has irretrievably broken down. There are however, five possible factors you can base this ground on. Essentially, it is five different ways to prove the marriage has broken down. These five factors are: adultery, unreasonable behaviour, dissertation, two-year separation with consent and lastly five-year separation (consent not necessary).
The rules around adultery can be found under s.1(2)(a) of the Matrimonial Causes Act (MCA). This has to be voluntary sexual intercourse between a man and a woman who are not married to each other but one of them are married to someone else. The petitioner has to find that the spouse is intolerable to live with after he or she has found out about the adultery. If it is found that the couple have lived together for a period of 6 months or more after the petitioner found out about the adultery, a divorce cannot be granted on this basis. As you can imagine, this is probably the messiest reasoning behind a divorce but quite difficult if the spouse hasn’t admitted to the adultery.
This can be argued to be the most straightforward ground for the breaking down of a marriage. This is because it is quite vague and actually only requires a low standard of unreasonable behaviour. It can also be used when other grounds cannot apply. For example, for adultery there has to be sexual intercourse. With unreasonable behaviour, if your spouse has done sexual acts with someone else that isn’t intercourse adultery can’t be used but unreasonable behaviour can. Also, unlike adultery, the petitioner and their spouse can go on living together and still file for divorce. The court uses a subjective and objective test under s.1(2)(b) to determine unreasonable behaviour which is “Would a right-thinking person think the petitioner could not be reasonable expected to live with the respondent taking into account their personalities?”.
Under s.1(2)(c) MCA the elements are set out for divorce on the basis of desertion. Cohabitation has to of ended with intent by the spouse. The petitioner must not have consented to this and there must have been no reasonable cause to withdraw from cohabitation.
Two-year separation with consent:
For this basis of divorce under s.1(2)(D) MCA, the couple can be separated and living under the same roof. However, they must be living separate lives for at least two years, for the divorce to be granted. The separation starts when one party believes the marriage has come to an end.
Under s.1(2)(e) MCA, if you and your spouse have been separated for five years or more, you will be able to file for divorce even if your spouse doesn’t agree too it. The respondent can prevent the divorce from being granted If the divorce would cause the respondent grave hardship, but this hardship must be caused by the marriage ending and not the breakdown.
Written by Jessie Smith
This article is for information only and does not constitute legal advice.
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ARE YOU READY FOR CHANGE?
If you are a solicitor with a current practising certificate and always fancied the idea of freelancing but do not want to give away the security, support and insurance which an established law firm provides, please continue reading…
I was always a strong believer that there is a better way of practising law. When I set up My Local Solicitor (MLS) in 2018, I had a clear vision of what I wanted the firm to become. I wanted to create a law firm in which solicitors from all over the country are able to be what they worked so hard to be: a solicitor.
To practice in peace, keep the majority of their billings and to grow both professionally and personally. Ultimately, to live a more balanced and happy life.
I know that the majority of people think we have it all, career, money and prestige but the truth is we need a support system and we all deserve to live happy, fulfilling lives, and yes, that includes solicitors, who on the face of it already have it all!
From what I have seen in recent years, too many solicitors are deciding that they simply can’t take the stress anymore. They often change careers out of pure exhaustion never reaching their full potential. All those years of education, experience and training lost (although the post-grad loan often remains reminding us about this “failure” like clockwork on a monthly basis). It would appear that too many good and honest professionals are no longer prepared to sacrifice their family life for an often-toxic working environment, overwhelming number of demanding clients and low pay.
What would happen if you kept the majority of your billings?
Well, suddenly, you don’t need to run hundreds of files at one go. You are not overworked and stressed. Your family life improves. Your attention to detail and quality of work improves. This makes you happy. You feel fulfilled. You know your client’s files inside out and it shows! You know exactly who the client is when he/she rings you (remember those awkward moments when you have no idea until you grab the file…). Your clients get the professional service they have probably never experienced elsewhere. Happy solicitor = happy client. Do you see how this works?
I have been trying to improve the situation one day at a time through building My Local Solicitor from scratch. Do want to join me in my mission? If so, please contact me for further details on freelancing with My Local Solicitor and share if you can. All legal disciplines considered.
Are you ready to take the leap?
We are looking for pro-active, motivated and entrepreneurial lawyers who are passionate about delivering legal services and obtaining a better work-life balance.
At MLS our approach is all about quality not quantity. We want to treat every single consultant with the care and attention they deserve. We intend to grow strong. Growing “fast” is not a priority. Our primary aim is to make MLS a superb and reliable environment for our consultant so they can grow and progress their legal carrier in harmony with their family life.
We all have a different vision of what success means for us. MLS offers a fairer financial reward, and complete control and flexibility over your career in law. You work how, when and where you want. The only targets you will ever have in MLS are the targets you set for yourself.
If you become one of our self-employed consultants, any work carried out under the MLS umbrella will be covered by our indemnity insurance.
Lawyers worldwide are no longer prepared to sacrifice their family life for an often-toxic working environment and an overwhelming number of demanding clients in return for a capped salary. MLS offers an ultimate alternative.
We believe that agile working is the way forward and that traditional working routines are much less affective in today’s reality.
Our self-employed lawyers have freedom to design and control the path their carrier is going along. Long hours, unrealistic targets and responsive rather than proactive culture is simply not on our radar. Our approach results in better work-life balance, better mental health and overall better productivity and effectiveness.
MLS will provide you with access to administrative, marketing, compliance and paralegal support to help you grow your client base and grow your career in law. If required, we can provide access to restrictive covenant experts, tax advice and planning, sourcing office equipment, secretarial support and much, much, more.
Do you want to find out more? Contact Marta today.